A Good Phoenix DUI Lawyer will challenge evidence at every turn to get your DUI charges Dismissed!

"Hiring a private practice and experienced DUI Defense Attorney, can mean the difference between getting a Phoenix DUI conviction or total dismissal if your Phoenix DUI charges".

If you have been charged with a Phoenix DUI, you will need to consult a Phoenix criminal defense attorney or DUI Lawyer who defends all types of DUI charges in Phoenix on a regular basis. Make sure your Arizona DUI Lawyer is well versed in defending Phoenix DUI cases, DUI litigation, knows the Arizona DUI law and constantly changing legislation, case law, breath and blood testing issues; and police and handling protocol. But the most important thing you need to know is will that Attorney take an active stance to defend your case, and do they understand all the different types of defenses that can be used to challenge evidence, fight a Phoenix DUI charges, and work
To get your case dismissed. Knowing what to do, and actively doing them are two separate issues entirely.

Choosing a DUI lawyer to defend your Phoenix DUI charges is an extremely important decision. There are many Arizona DUI attorneys who may just go through the motions. You don't need any help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Phoenix DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Phoenix DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws in the Country. Even a first time Arizona DUI misdemeanor conviction, with no prior criminal history or criminal record, carries severe penalties. You have too much as stake not to hire a good DUI Attorney to represent you and fight your Phoenix DUI conviction. A DUI conviction can have life changing adverse impacts on your job or future job opportunities, loss of your right to drive and driver's license, high fines, costly fees, mandatory jail time, and court ordered interlock device (at your expense) which requires a person to prove they have not been drinking before the automobile's ignition will start.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Phoenix are slim to none. The court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges Phoenix, to defend you and challenge the evidence and charges. A good DUI Attorney will overturn every stone to mount a successful Phoenix DUI defense, challenge the evidence, protect your constitutional rights, and fight to get your case dismissed.

A Phoenix DUI has many factors which must be evaluated. Every one is different and holds its own set of circumstances. There is no such thing as a "cookie cutter" DUI or Defense. Every situation should be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be examined and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Phoenix regularly. Hiring a private practice and experienced Phoenix DUI Attorney can mean the difference between getting a Phoenix DUI conviction or total dismissal of your Phoenix DUI charges.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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Penalties Require Jail in Arizona for DUI Convictions

"A Good Phoenix DUI Lawyer may be able to
reduce your jail or prison sentence or get your charges dismissed completely."

Phoenix DUI law is governed by Arizona State Law DUI conviction has mandatory jail or prison sentences depending on the severity, circumstances, and classification of the Phoenix DUI charges. Even if you have been charged and arrested, you still have a constitutional right to a defense, and a DUI charge is not yet a DUI conviction. A DUI charge is just the beginning. A Good Phoenix DUI Lawyer may be able to reduce your jail or prison sentence or get your charges dismissed completely. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case to attempt to get your charges dismissed, reduced or the best possible outcome in your cased.

Important Note: Depending on the severity, circumstances and classification of the Phoenix DUI charges Phoenix DUI convictions will include other penalties such as fines, fees, costs, probation, counseling, ignition interlock device, criminal record, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any.

Often, it seems the first question many people who have been arrested for DUI want to know is "If convicted, will I go to jail or prison and for how long?" So the following is discusses the portion of the Arizona State Law that relates to incarceration portion of DUI conviction sentencing. Remember, the answer may not be the same, for everyone in every situation. Some Judges have discretion to increase the penalties and sentencing depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Jail Sentencing Minimum Guidelines paraphrased from
A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (DUI with aggravated classification.....4 Months in Prison
.
The Phoenix Court and Prosecution will do nothing to make your life easier. If you choose to go unrepresented (not recommended), basically your side of the story will be for the most part disregarded. In fact, without DUI legal representation by a DUI Lawyer or Criminal Defense Attorney who defend DUI charges frequently in Phoenix Court, you may unknowingly be incriminating yourself further.

Your AZ DUI Attorney defending your in Phoenix Court for your DUI, will be familiar with protocol, Arizona law and changes in the law, case law that may effect you, and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Phoenix Prosecution. They will be your voice of legal defense through the proper legal channels, and do everything within their means to assure you don't have to do the jail time, and will protect your future and freedom.

If you have been arrested for any Phoenix Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Phoenix DUI, Phoenix Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Phoenix Arizona DUI Arrest Drunk Driving Attorney " »

Phoenix Felony DUI Attorney Who Will Fight Your Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses to use to defend a Felony DUI."

If you were arrested in Phoenix Arizona for a Felony DUI, do not underestimate the consequences of a conviction. Felony DUI charges are very serious. Arizona is extremely tough on Phoenix Felony DUI offenses also known as "Aggravated DUI charges". Felony DUI conviction will result in serious punishments with adverse affects on your life that will follow you for years into the future. It is extremely important for you to contact and hire DUI attorney who defends clients regularly in Phoenix Courts, with a proven track record of successful defense and litigation of Phoenix DUI charges.

Your best offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses to use to defend Phoenix Felony DUI charges. Your Arizona DUI Attorney must have the knowledge, and experience of using all the defenses available under by Arizona law to build and mount a successful defense against your Felony DUI charges. With a good Phoenix DUI Attorney, you may be able to get your charges dismissed completely or in the alternative reduced to lesser charges with lesser penalties. A dismissal of charges is not obtained by luck. It requires good legal representation by an experienced Maricopa County DUI Lawyer.

There are many defenses that can be used, and evidentiary issues that can be challenged under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense Attorney as well as prolific Arizona DUI defenses Author, James Novak. Abridged versions of all his Arizona Defense Books can be downloaded free of charge to the public. Law and your defenses, and your constitutional rights should not be kept a "secret". If charged with any DUI you should be informed. This free information can be downloaded at www.arizonacriminaldefenselawyer.com. Understand there is a big difference between knowing what your defenses are, and knowing how actually challenge evidence and charges which is what a good Phoenix DUI Lawyer does on a regular basis. Many people make the mistake of going at it alone without good private practice DUI Attorney who defends DUI charges in Phoenix.

Below are examples of just defenses categories that can often be targeted by your DUI Attorney that can be used to pursue dismissal of your charges, reduction in sentencing or suppression of evidence:
• The Police Must have "Reasonable Suspicion" for a Traffic Stop
• The Police must have "Probable cause" to arrest for DUI which is a higher standard than a "Reasonable Suspicion" to stop
• Challenging the validity or reliability of the field sobriety tests conducted
• The police officer's credentials or certifications can be questioned regarding the officer's training and use of breathalyzer equipment or drug testing equipment.
• The evidence prosecution wishes to use against you was mishandled
• Margins of error are too wide in breath results or blood testing.
• Too much time went by before proper testing was done.
• The environmental conditions or landscaping were not appropriate or up to standard for which to conduct field sobriety tests.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Improper search of your or your vehicle was or seizure was conducted
• Other Violations of your Constitutional Rights occurred.

You have too much to lose with a Phoenix Felony DUI or Aggravated DUI conviction. You must have a strong Phoenix criminal defense or Phoenix DUI Attorney in your corner that knows exactly what needs to be done to protect you and that will draw from their years of experience and litigation, training, education and knowledge of the law, and court protocol to defend you.

Phoenix Felony DUI convictions have higher penalties, increased incarceration than that of a Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Phoenix can include up to 4 months or more in prison, along with other severe penalties, fines, fees, loss of driver's license, mandatory Ignition Interlock device, restitution, and other penalties the court deems appropriate.

The punishments for any Arizona Felony DUI charge is so severe that some people just give to the prosecution, not realizing their DUI charges can be challenged. Most good Phoenix DUI Attorneys will provide a free consultation to provide you such insight regarding your case. They will be able to give you the guidance and direction you need to make the tough choice ahead of you that is to hire a good DUI attorney and fight for your freedom or be prepared to get the maximum penalty under Arizona Law for an Arizona Felony DUI. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

If you have been charged with any Phoenix Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Phoenix DUI, Phoenix Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

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A Good Scottsdale DUI Attorney will fight to get your DUI charges Dismissed!

"The Stakes are high. Hiring an experienced private practice DUI Lawyer can mean the difference between getting a Scottsdale DUI conviction or total dismissal of your Scottsdale DUI charges."

If you were stopped and arrested for a Scottsdale DUI you will need to consult a criminal defense attorney or DUI Lawyer who defends cases regularly in the Scottsdale Courts. When you make your choice, make sure the DUI Lawyer has a proven record of defending Scottsdale DUI cases, knows the constantly changing Arizona DUI laws, Case law that may affect your matter, breath and blood testing issues; and police and handling protocol. You must know that the Arizona DUI attorney defending your Scottsdale DUI charges will be proactive in defending your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight a Scottsdale DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.

Choosing a DUI lawyer to defend your Scottsdale DUI charges may be one of the most important decsion you will ever make. You rarely get a second chance at freedom. There are many Arizona DUI attorneys. But the good ones are not as easy to find. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney in the practical world. You don't need help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Scottsdale DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Scottsdale DUI charge convictions have severe penalties. Arizona has some of the toughest DUI laws and punishments in the Country. Even a first time Scottsdale DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Scottsdale DUI charges. A DUI conviction of any kind can have such negative impacts on your life such as loss of job or future job opportunities, loss of driver's license, high fines, costly fees, mandatory incarceration, and use of court ordered interlock device. This device is installed in your vehicle at your expense, and requires you to prove you have not been drinking before the auto's ignition will start-up.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Scottsdale are slim to none. The Scottsdale court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Scottsdale, Arizona to represent you. A good DUI Lawyer will do everything possible to build An effective Scottsdale DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Scottsdale DUI has many facets which must be examined. Each individual's case carries a separate set of circumstances. There is no "cookie cutter" DUI and the same goes for a DUI Defense. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be examined include violations of your state or federal constitutional rights, the initial reason the police stopped you, the police officer's evidence, their deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods and handling of specimens, proper implementation of field sobriety tests, reliability of testing methods, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Scottsdale regularly. The Stakes are high. Hiring an experienced private practice DUI Lawyer can mean the difference between getting a Scottsdale DUI conviction or total dismissal of your Scottsdale DUI charges.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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One Phoenix DUI Defense that Police Don't Want You to Know about...
"Retrograde Extrapolation"

Retrograde Extrapolation refers to the calculation of blood alcohol content (BAC) by estimating backwards from a later chemical test, in an attempt to determine what your
BAC level was at the time you were driving. Good Phoenix DUI Attorneys sometimes use this as a defense to present to the prosecution that you were not driving illegally, or impaired due to chemicals or alcohol at the time you were driving. Due to the existence of many variables, uncertainties, the complicated mathematical calculations, individual body absorption rates, and toxicology issues surrounding Retrograde Extrapolation, some states prohibit the DUI defense, or prosecution from using it.

The State of Arizona allows for admission Retrograde Extrapolation evidence, but only on a limited basis, meaning they must meet certain time restriction or other criteria in order to use it. Some of the best Phoenix DUI lawyers will still try use it in an appropriate case do defend you and challenge a DUI or Drug tests accuracy in order to suppress evidence or get your case dismissed. An argument can be made by your attorney that an unreasonable amount of time passed between when you were stopped for a Phoenix DUI and when you were tested for DUI or drugs. Therefore, causing the test to be inaccurate or invalid and not an accurate indicator of your impairment at the time you were driving.

A few factors that can result in delays from the time of the Phoenix DUI stop, and the time they were tested. Some common causes of delays include but are not limited to the following:

• You were suspected for Drug DUI, and it took an unreasonable amount of time to transport you to a facility, location, or arrange for qualified personnel to test you.

• A hit and run was involved, knowingly or unknowingly. You did or did not realize you hit someone at the time or you panicked and left the scene before the police arrived. Later, perhaps hours or day (s) you remembered or learned there was an injury involved; reported that you were the driver of the vehicle; and that you were driving under the influence of alcohol or drugs at the time.

• You had to be transported by ground or air ambulance to a hospital which took an unusually long time before you could be properly tested for qualified personnel.

• DUI involved a serious car accident which an unusual amount of time for the police to investigating the scene; a lengthy waiting or working around emergency crews; waiting for other police or traffic control officers to arrive before they had an opportunity to test you.

A good Phoenix Attorney may be able to get the evidence suppressed and case dismissed through the use of an expert, or by calculating the absorption level and elimination of alcohol from the body between the time you were driving and the time the tests were conducted. The rate of elimination in the average person is commonly estimated at .015 to .020 percent per hour. But this number is subject to fluctuations and many different factors for each individual. Generally the rate of your metabolism of drugs or alcohol can be effected by things such as bodyweight, body temperature, the type of drug or alcohol consumed, the amount, type and time of other food or fluids you may have consumed prior to the Phoenix DUI or Phoenix DUI with Drug stop by police.

Even though this defense has limits, it can still be a viable defense. An experienced Phoenix Arizona DUI Attorney may still challenge the breath or chemical testing to defend your case, and get your charges dismissed.

If you have been charged with any Phoenix DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Phoenix DUI, Phoenix, Phoenix Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Phoenix DUI Attorney Defenses" »

Your chances of getting your Phoenix DUI dismissed increase significantly if your hire a good Phoenix DUI attorney or an Arizona Attorney who defends clients DUI charges frequently in Phoenix Arizona Courts. Here are some factors in the form of questions you should ask when looking for the best Phoenix DUI Attorney to defend your DUI charges. The following explanation is an excerpt taken from the "Winning Defense Strategies" Book Series written by James Novak, Arizona DUI and Criminal Defense Attorney:

"What is Your Experience?

What background do you have that qualifies you to handle my case?

Have you ever been a prosecutor? If so, where, and for how long?

Who Will Be My Lawyer?

Will you be the lawyer who is actually handling my case?

Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?

Will you be switching lawyers on me?

Can I meet my assigned lawyer before I agree to hire your firm?

Will I be able to speak to you if I have a question or concern?

What is it going to Cost?

What training do you have with the issues involved in my case?

How many cases like mine have you handled?

How often do you handle this specific type of case?

How often do you deal with this particular prosecutor?

How often do you appear in this court?

How often do you appear before this particular Judge?

What is your current caseload?

How long should I expect to wait to hear back from you if I leave a message for you?"

No matter what you chose to do, remember if you face a Phoenix DUI or other Criminal Charge you are innocent until, and only if, you are proven guilty. Everyone makes mistakes. It's how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by consulting and retaining a good Phoenix DUI lawyer.

If you have been charged with any Phoenix DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal Defense and Phoenix DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Phoenix DUI Attorney | How to Choose a Good Phoenix DUI Lawyer " »

A good Scottsdale Arizona DUI attorney can use many defenses to fight your DUI depending on the facts of your Scottsdale DUI case. A specific defense allows your Scottsdsale Attorney to file a Motion to Dismiss or Motion to suppress specified evidence that would otherwise harm your case. A presentation of the specific defense by your DUI Attorney to the prosecutor may allow for a negotiated dismissal or reduction of the charges. The following is a list of some main categories of defenses that can be used, as outlined from the "Winning Defense Strategies" DUI Defense Book Series written by: James Novak, Arizona DUI and Criminal Defense Attorney:

"Some areas to consider for your defense strategies include but are not limited to the following:

• INDEPENDENT STOPS AND ARRESTS

• FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

• POLICE OBSERVATIONS OF THE ACCUSED

• FIELD SOBRIETY TESTS

• BREATH, BLOOD AND URINE TESTS

• SUFFICIENCY OF EVIDENCE DEFENSES

• CONSTITUTIONAL RIGHTS VIOLATIONS

• TRIAL DEFENSES ..."

Penalties and sentencing for Scottsdale DUI convictions fall under the Arizona Criminal Laws and Statutes. The laws are strict, and punishments harsh. Even first time DUI convictions in Arizona carry mandatory jail sentences and other severe penalties. Scottsdale Arizona wants convictions for DUI charges. However, with the help of an experienced DUI attorney who defends Scottsdale DUI charges on a regular basis, you have the chance of possibly getting your charges dismissed or reduced. Your DUI lawyer will use every defense available in your Scottsdale DUI charges by gathering and examining all the evidence; determining which defenses will be best used to fight your DUI; and challenging the prosecutor's case based on these defenses and the circumstances surrounding your charges to get them dismissed, reduced and get the best outcome in your case.

If you have been charged with any Scottsdale DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Scottsdale Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Scottsdale DUI Attorneys | Scottsdale Defenses " »

How good DUI lawyers beat DUI Charges!

If you have been charged with a Phoenix DUI, you should consult an experienced Phoenix AZ DUI attorney, or an Arizona DUI Attorney who defends DUI charges frequently in Phoenix, Arizona. You may be feeling helpless against the prosecution at this point. But there are things you can do, help get your case dismissed, charges reduced, evidence suppressed, or the otherwise best possible outcome in your case.

Here are just a five out of "24 things" from the third DUI Defense book from the Phoenix DUI Winning Defense Strategies Series by Author: James Novak, Phoenix Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Consult a Phoenix DUI Lawyer as Soon as Possible:
DUI cases in Arizona are serious offenses. Even for some attorneys, they are
difficult to defend due to changing laws, and the many facets involved with effectively defending a case. You need to consult an Attorney who is well versed in all such matters surrounding Arizona DUI Cases, defends them on a daily basis and has extensive DUI litigation experience. Criminal Defense & DUI Attorney must have the needed experience and education to know the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the constantly changing and radical Arizona DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome. You need an assertive attorney who does not just sit back and hope for the best. First of all, the best will not happen, in that event. Second of all, if you wanted that, you would not need an attorney at all. It's too important a matter. There's too much at stake, and the process is too difficult to take on your own, or to let "a family attorney" or someone who is not extremely competent in defending DUIs to handle your case.

Write, Type, or Document in some form a Detailed Narrative of the Phoenix DUI Stop and arrest as You Recall It: Your Arizona DUI Defense will depend on these specific facts about your DUI. Regardless of if your DUI was a Felony or Misdemeanor the same should be done. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The earlier you write your narrative - the chances of you forgetting something will decrease. Our memories of details begin to fade over time. Humans have an unconscious ability to forget the pain of trauma, or extremely unpleasant events over time. So the sooner you can recall and document the events, the better. A good DUI attorney will tell you that it is crucial for you to document a true and self-honest account of what happened, however painful it may be to recall. Include everything leading up to the initial encounter with Arizona law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Arizona. It is always best when discussing facts which could have adverse legal consequences that you maximize confidentiality when communicating with your DUI Attorney. Information is critical to build a case for your defense. The more you give your attorney to work with, the more information they will have to mount a strong defense. Details matter! Many cases have been dismissed based on what seemed to the defendant to be minor. Details that may not seem important to you may be just exactly what your Attorney needs to exercise a defense. Let your Attorney decide what is important or what may not be.

Contact the Arizona MVD If You Want a Hearing: In most cases the Phoenix Arizona police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This AZ MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The AZ MVD matter is a separate, more civil v. criminal matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

Your Court Appearance: If you ignore or forget to appear or are late at your designated court date and time, the court will immediately issue a warrant for your arrest. The court date and time is on your citation. This may change if you hire an experienced DUI attorney. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf. Your DUI Attorney will let you know far enough in advance as to whether or not you will still be required to appear. There are many courts throughout the State. Be sure you know the location, time, and date. Again, if you have not retained an Attorney, it is mandatory that you appear, or a warrant for your arrest will be issued. If you are required to appear, don't be late. Judges and the prosecution frown upon this, and it is considered to be the utmost disrespect to them, their time, and their dockets. Tardiness for your court appearance sends a message to them that you are not taking the DUI charges seriously.The consequences of this could be quite unfavorable to your defense.

Communicate: If you have an attorney, you should get in the habit of staying in contact with him or her and keep the lines of communication open. That is there job as well. If you have hired an attorney, with whom you feel you can not communicate with, or do not have a professional comfort level with your case may be destined for failure. That should be a major factor to consider, if and when you decide to hire an attorney. In any event, contact them in the least prior to every court date. Make sure you coordinate the time and place to meet your attorney. You don't want any surprises. Remember, your Phoenix DUI Attorney works for you.

If you have been charged with any Phoenix DUI, Misdemeanor or Felony DUI, Repeat DUI, 3rd or 4th DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Phoenix Drug DUI, a DUI in Phoenix and you are an out of state Resident, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "CALL A GOOD PHOENIX DUI LAWYER " »

Scottsdale DUI, DWI, OUI, Drunk Driving Attorney Law Firm
Defend Your Scottsdale DUI Drug Charges

A Driver who is charged with a DUI in Scottsdale, Arizona who tests positive for illegal drugs are subject to drug DUI charges in the state of Arizona. The Laws are strict; the punishment harsh. The simple presence of a drug in your system is enough for the Scottsdale Police to charge you, if they feel you were "impaired to the slightest degree." If charged, you will need to hire a DUI Attorney who defends DUI and drug DUI in Scottsdale on a regular basis to defend you. They must have must have the knowledge, experience, training, litigation background and the forensic tools needed to challenge Scottsdale, Arizona a Drug DUI.

From a penalty and sentencing standpoint, they are treated the same as a DUI with alcohol, even if the drug was a prescribed by your physician, an over the counter drug, or any other drug taken legally. The city of Scottsdale, State of Arizona and Prosecution want that conviction. They will stack the cards against you. They do not care why you were taking it and driving. The only thing that matters to them is that you had a drug in your system, tests were positive, you were driving, and in their opinion it impaired your driving, end of story to them. But it does not have to be the end. The charges should be the beginning of your journey to fight for your constitutional rights and freedom. If you hire the services of a good Attorney who defends these types of cases in Scottsdale courts, the story is far from over. Hiring a good Drug DUI attorney to represent you in Scottsdale can mean the difference within a range of a Drug DUI conviction and a total dismissal of your charges. That's the real story.

A good Scottsdale DUI lawyer will examine some of the following issues. Based on the answers to these questions, they may be able to get evidence suppressed; charges reduced or even a total dismissal of your charges. These excerpts have been cited from "101 DUI Defenses" Book from the Winning Defense Strategies Series -Author: James Novak. Note: This list is far from inclusive:

• What was the reason for the stop? The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle.

• Was there probable cause for arrest? But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, the case may be dismissed.

• Was your blood sample preserved properly and according to protocol?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

• Was the Urine Specimen collected, tested and transported properly?
The urine sample taken for drug testing must also be properly tested according to
required testing procedures and protocol, for handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

• Were second samples given to you in order for your Defense Attorney to have them independently tested?
For instance, if your DUI/DWI charge was based on a blood draw, you have the
right to obtain an independent blood test sample. If the police deny you a
"fair chance" to obtain exculpatory evidence, your constitutional rights has
been violated.

• Were you under the influence of a legal medication that did not impair your driving? The police will attempt to charge you for prescription drug DUI if they can not charge you with an alcohol based DUI. Therefore, the argument and testing would need to confirm that you were not driving impaired to the slightest degree, due to this prescribed or otherwise legal medication. Just because a drug legal, harmless, prescribed or not, was found in your system, does not mean it impaired your driving. If not, this must be challenged.

• Did police possess a legal and justifiable reason to search you and your vehicle?
The police are prohibited from searching a person or the automobile for a minor traffic offense without your consent, or a search warrant. Evidence found illegally without your consent or probable cause to search you, can usually be suppressed in court by an experienced and competent DUI Lawyer. The case and facts need to be reviewed to determine if your Constitutional Rights were violated and should the evidence be suppressed or the case dismissed.

These are just a few defenses your Arizona drug DUI defense attorney should review in building your defense. With an experienced Scottsdale DUI Drug Defense Attorney your chances of getting a good to great outcome on your case increase drastically. They will determine and argue if the charges were unjustified, unfounded, unproved, or if your constitutional rights were violated in any way. If that is the case, your charges should immediately be dismissed. Give Yourself a second chance and a front and last line of defense.

If you have been charged with any Scottsdale, Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Scottsdale DUI Defense Attorney and James Novak (Former Prosecutor).

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Things You Can Do To Fight Your DUI Charges

If you received DUI charges in Scottsdale you will need a good DUI attorney or Criminal Defense Attorney who defends DUI cases on a regular basis in Scottsdale Arizona. There are things you can begin doing immediately to help your Scottsdale DUI Lawyer get your case dismissed, reduce the charges, or suppress evidence, and to build the most effective defense possible.

Here are just a few abridged excerpts of "24 things" the third DUI Defense book from Arizona DUI Winning Defense Strategies Series by Author: James Novak, Scottsdale Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Consult a DUI Lawyer who defends DUI charges in Scottsdale, as soon as possible. Even for some attorneys, DUI charges can be difficult to defend due to the strict and often changing laws and the many facets involved with effectively defending a Scottsdale DUI charge. You will need a Scottsdale DUI Lawyer well versed in all such matters surrounding Scottsdale DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Scottsdale DUI Law. Scottsdale Criminal Attorneys and DUI Lawyers must possess the needed experience and education to know not only legislative and case law, but the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the constantly changing and radical Scottsdale DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome.

Document in Some Form Details and Narrative of the Incident As You Recall It: Your Scottsdale DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Scottsdale drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Scottsdale law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Scottsdale. In particular the reason for the stop can be one of the most important factors in defending your case.

Food and Drink Prior to the Scottsdale DUI arrest: Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. How long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place? Where was the location of the stop and results of each breath or blood test?

Your Court Appearance: If you miss or fail to appear for your required court date and time, the court will immediately issue a warrant for your arrest. The court date and time is on your citation. This may change if you hire an experienced DUI attorney. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf. Your DUI Attorney will let you know far enough in advance as to whether or not you will still be required to appear. There are many courts throughout the State. Be sure you know the location, time, and date. Again, if you have not retained an Attorney, it is mandatory that you appear, or a warrant for your arrest will be issued. If you are required to appear, don't be late. Depending on how late you are, a warrant may be immediately issued for your arrest. Even if you are just a few minutes late, the judge and prosecution frown upon this. Tardiness for any reason is considered to be disrespectful of your charges, their time, and their dockets. Being late for your court appearance sends a message to them that you are not taking the DUI charges seriously, which may effect your case unfavorably.

Arizona MVD Hearing: In most cases the Scottsdale police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The MVD matter is more like a second civil matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

Communication is the Key: One of the questions you should ask when you look for Mesa DUI legal representation is "With whom will I be communicating with on a regular basis?" The Scottsdale DUI Attorney must be familiar with all the details surrounding your case. You need an open line of communication with them throughout your case, whether you have for questions, or need status or updates of your case, court dates, or if the Attorney needs to clarify something or needs other documentation you can provide for your defense. If you have hired an attorney, with whom you feel you can not get through to whe1n you call, or have difficulty communicating with, or do not have a professional comfort level with your case may be destined for failure. This is a major factor to consider, if and when you decide to hire a Scottsdale DUI lawyer.

If you have been charged with any Scottsdale DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Scottsdale Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

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How To get Your Arizona DUI Charges Dismissed!

If you have been charged with an Arizona DUI, you have already learned that Arizona has some of the toughest DUI laws and DUI penalties in the Country. What you need now is to contact a good Arizona DUI attorney, the sooner the better. You may be feeling helpless against the prosecution at this point. But there are things you can do in conjunction with the guidance of your Arizona criminal attorney, to take control your DUI charges. It will require some actions on your part. But it will be well worth your time, if the results turn out to be a dismissal or reduction of your charges.

Here are just a few items out of "24 things" from the third DUI Defense book from the Arizona DUI Winning Defense Strategies Series by Author: James Novak, Arizona Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Write, Type, or Document in some form a Detailed Narrative of the Incident As You Recall It:
Your Arizona DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a Phoenix DUI, Tempe DUI, Scottsdale DUI, Gilbert DUI, Mesa DUI, Chandler DUI, misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Arizona drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Arizona law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Arizona.

Eating and Drinking:
Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. Try to remember how long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place. Try to recall where was the location of the stop and results of each breath or blood test.

Contact the Arizona MVD If You Want a Hearing:
In most cases the Arizona police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The MVD matter is more like a second civil matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

Photographs of the Location of the Stop or Arrest:
Your DUI attorney will explain that photographs of things that the police relied on as a reason for the stop may be challenged if the facts support it. Therefore, photograph anything that is related and referenced by the police such as objects that may have been hit or otherwise barriers such as other vehicles, light signals, trees. Also include mechanical items that were broken or failed such as turn signal lights, brake lights, taillights, a stop sign or traffic signal you may have been accused of disobeying, any surrounding barriers such as long branches or trees covering a sign or signal, or large utility truck or bus stopped in front of a traffic signal blocking its' view, or low branches, electrical lines that may have been covering the view of the sign or signal. Document weather conditions and landscaping such as large snow drifts blocking a sign, large hail stones slamming on to your windshield and the like. Note, a photo of the scene of the arrest and/or sobriety testing, photo or video of the terrain or landscaping, damage to a vehicle, injury to you or others may be critically important later when the actual evidence has disappeared.

Consult an Arizona DUI Lawyer as Soon as Possible:
DUI cases in Arizona are serious offenses. Even for some attorneys, they are difficult to defend due to changing laws, and the many facets involved with effectively defending a case. You need to consult an Attorney who is well versed in all such matters surrounding Arizona DUI Cases, defends them on a daily basis and has extensive DUI litigation experience. Criminal Defense & DUI Attorney must have the needed experience and education to know the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the constantly changing and radical Arizona DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome.

If you have been charged with any Arizona DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Arizona Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

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Make sure you get a Chance at the Best Outcome for your Scottsdale Criminal Charges

If you were arrested in Scottsdale, Arizona, you will want to consult and hire an experienced Attorney who defends their clients on a regular basis in the Scottsdale Courts. Even most top rated Scottsdale Criminal Defense Attorneys provide FREE initial consultations.

Scottsdale has long been known for being tough on crime. Criminal Offenses carry hefty penalties, fines and sentencing. You will need to hire an attorney who is familiar with Scottsdale and Arizona criminal codes, the court systems, the prosecution, the judges, and most importantly the defenses that can be used based on the circumstances of the offense for which you were charged in Scottsdale and arrested. You can easily find a top Scottsdale criminal defense attorney who provides a free consultation to those who have been arrested in Scottsdale or received criminal charges. They will let you know what laws, penalties and sentencing will apply in your case. If hired a good Scottsdale Lawyer will make sure your constitutional rights are protected through the process, gather all the evidence possible surrounding your case, and determine what the best possible defenses will be to mount against the prosecution.

Whether your case is a Scottsdale Misdemeanor, or Felony, or combination of both, can mean serious consequences. They should not be ignored or disregarded as not serious, no matter what the charges. Hiring an experienced attorney who practices often in Scottsdale can mean the difference between getting the maximum penalties for that crime, or a dismissal, reduced charges. Criminal records are easily put on your record, and very difficult to get removed. Some stay on for many years and affect you adversely in so many facets of your life. Everyone makes mistakes or errors in judgment. Anyone can be charged unjustly with a crime. You can recover from it. But you will need to hire a top Criminal Defense Attorney who can help you get the best outcome in your case. A private Scottsdale criminal lawyer will make all the difference in the outcome. Don't gamble with your future.

If you face any criminal charges in Scottsdale Mesa DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

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PHOENIX DUI ATTORNEYS - Why you need an experienced Phoenix DUI Lawyer to Defend You

Arizona DUI laws are some of the toughest in the entire country, as are the DUI penalties. The chances of getting any type of favorable outcome on your DUI case, are drastically reduces without the legal representation of a private Arizona Criminal Defense DUI Attorney. You need an Arizona DUI defense attorney who defends AZ DUI and criminal charges exclusively. Even the most basic DUI "impaired to the slightest degree", first offense punishments are harsh. Extreme DUI, repeat offense DUI, and other aggravated felony DUI charges and penalties are life alternating. Penalties include incarceration in jail or prison, exorbitant fines, fees, court ordered interlock ignition devices to be put in your vehicle at your expense, and more.

By the time you get charged or arrested for DUI, the police have already made up their minds. Your plea to explain your side of the story is mute in the eyes of Arizona law. At that point, you need to exercise your constitutional right to remain silent. Otherwise, you are simply hurting your case further. You should remain calm, and do not resist arrest. If questioned further, following your Miranda Rights that have been read to you, advise respectfully, that you wish to remain silent, and request to consult or retain an Arizona DUI Attorney in your defense.

It's a cold hard fact, that at this point, you'll be put in the court system and your file will be attached a court reference number. A mug shot and a case number are all you are in the eyes of the State of Arizona and the Prosecution. Arizona is serious about cracking down on DUI and Drug DUI. There is a lot to lose if you are convicted including your job, driver's license, family, finances, future and freedom. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they are out for is to a conviction. That's what they get paid for. And they will work closely, with the police to get it. They will not look over every detail of your case to evaluate it to determine if the charges are justified, or to determine if your constitutional rights were violated in anyway. That is not their job. They are not going to try to find a way to defend you, make things any easier, or try to get your case dismissed. They prosecute and convict. If you are looking for the Judge to be in your corner, don't count on it. The Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. "Telling" your side of the story to the Judge will not have favorable effect on your situation. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The system is complicated. It is a maze of laws, protocol, people and odds against you. You have a choice. You need a strong ally. You need an Arizona Criminal and DUI Defense Attorney to build a strong defense for your case.

You made a mistake, an error in judgment. You did not intend to break the law. You may not have even realized it, at the time. Do you deserve to have your entire life ruined? A good Arizona DUI defense attorney feels you deserve a second chance. And now it's time for you to let them do their job. You have a constitutional right to retain a DUI Attorney. Use it. By hiring the right Arizona defense attorney, you have everything to gain, and nothing to lose. In the eyes of the prosecution, you are already guilty, and could be subject to the maximum penalties. It makes their job much easier to get a maximum conviction without an Attorney. By hiring a good Arizona DUI Attorney, you regain control of your life, and your DUI charges. Your Phoenix DUI Attorney can immediately begin building and mounting a strong defense on your behalf. It's your second chance.

Your Arizona DUI lawyer should be someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed.

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Arizona State Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). If the drug causes "impairment to the slightest degree" in your driving, and you are stopped by an Arizona Police Officer, you may be subject to questioning and possible drug testing for Arizona DUI. If you receive an Arizona DUI charge, you should consult an Arizona Criminal Defense Attorney, or Arizona DUI Lawyer. These are considered Arizona criminal charges; even if it is a first time offense. If your driving is altered due to the drug, any Drug, you could be subject to a DUI charge. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

If you are taking a prescribed drug or available over the counter drug, for pain, be it for headache, dental, muscle-skeletal pain, insomnia, anxiety, or a host of other causes, you may be taking a drug that can alter your ability to drive. The last thing most people think about when they are taking a legally prescribed drug, or something they just purchased from the grocery or drug store for their symptoms, is the possibility of getting a DUI on the way home or to their destination. Unknowingly, and innocently, you could be committing a criminal offense in State of Arizona.The best advice that ban be offered is simple:

• Think twice before getting behind the wheel after taking any drug
• Read Labels on the drug container
• Ask Your Doctor if you can safely drive while using the drug.
• Ask Your Pharmacist for a drug consultation when you pick it up.
• If you still are not sure, it's better to be safe than sorry. Don't Drive.

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How Good Scottsdale DUI Lawyers use the Law and Defenses to Your Advantage

Good Scottsdale DUI Lawyer will pull from their education, training experience and arsenal of defenses to fight to help you beat your DUI charges. If you have encountered Scottsdale PD and received a DUI in Scottsdale Arizona, you know the odds are against you. They are tough on crime and tougher on Scottsdale DUI charges. The only way you will be able to take control of the situation and fight your DUI charges is to hire a DUI Attorney who defends clients regularly in Scottsdale for their DUI charges. A

"A Good Scottsdale DUI Lawyer will pull from their education, training, experience and arsenal of defenses to fight to help you beat your DUI charges."

Below is just a few examples taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book Author: James Novak, to give you an idea of a few defense strategies a Scottsdale DUI Defense Attorney may use:

BREATH TESTING IS INACCURATE
Were you charged with a DUI based on one breath test result?
Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 10.0%. This could be increased due to other factors. Therefore, two breath tests must be conducted.

DUPLICATE BREATH TEST NOT TIMELY
Did the officer take another breath test less than 5 minutes from the first test?
After the first breath test, a second must be administered at an interval not less than five minutes or more than ten minutes. If this is not followed then the breath test evidence
can be suppressed.

DUPLICATE BREATH TEST OUT OF RANGE
Were the two breath tests that you took, far apart in range, and still used to charge you with a DUI?
Two breath tests are given. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of the two consecutive tests are within 0.020 alcohol concentrations. If this procedure is not followed and the results are outside the allowable range that breath test evidence may be suppressed.

BAC AT THE TIME OF THE DRIVING WAS BELOW .08.
Was your DUI testing conducted within two hours of your driving, being in physical control, or potential to be in physical control of a vehicle?
The blood alcohol level is not constant in the defendant. It rises as it is absorbed by the body; it falls as it is processed by the body. The prosecution must establish that you BAC might have been .08 or better within two hours of driving the vehicle.

FAILURE TO MIRANDIZE
Did the police officer read your Miranda Rights at the time of your arrest? Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

IMPROPER STOPPING A VEHICLE FOR DOCUMENTS CHECK
Were you stopped, and asked for your driver's license and registration for no
valid reason (excluding sobriety checkpoint stops) simply to check the driver's license and registration?
There must be an actual traffic violation or valid suspicion of a crime committed or in progress.

ILLEGAL SEARCH
Did police possess a legal and justifiable reason to search you and your vehicle?
The police are prohibited from searching a person or the automobile for a minor traffic offense without your consent, or a search warrant. Evidence found illegally without your consent or probable cause to search you, can usually be suppressed in court by an experienced and competent DUI Lawyer. The case and facts need to be reviewed to determine if your Constitutional Rights were violated and should the evidence be suppressed or the case dismissed.

For now, your immediate challenge is to make sure you hire an experienced Attorney who exclusively handles criminal and DUI cases, and on a regular basis in Scottsdale. Make sure they are good litigators with a wealth of knowledge and experience in defending Scottsdale DUI charges. Without such ally to fight for you your chance of getting your case dismissed, reduced or any good outcome are drastically reduced. Your valuable freedom and future are at stake. Choose wisely.

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You should contact Scottsdale, Arizona DUI Defense Attorney if you have been arrested for a Scottsdale DUI

If you have been charged with a Scottsdale Arizona DUI or Drug DUI, it is crucial that you consult a Scottsdale DUI Attorney regarding a defense. A DUI in Scottsdale Arizona is a very serious offense. Convictions for Scottsdale DUI charges are subject to the strict laws and penalties under Arizona DUI Laws. These are some of the toughest laws which carry with them some of the harshest punishments in the country. You will need an experienced Scottsdale DUI Attorney who practices in there on a regular basis to defend clients facing Scottsdale DUI charges. A Scottsdale DUI charge should be taken very seriously. Contrary to popular believe it is not a civil traffic violation such as running a stop sign. It is a criminal charge with criminal penalties. Scottsdale DUI - DWI penalties include jail or prison time, large fines, fees, and other penalties including court ordered ignition interlock device installation in your vehicle, at your expense. The ignition interlock device requires you to conduct a breath test before the vehicle can start. It is intended to reduce the number of repeat Scottsdale DUI charges.

Scottsdale has earned the reputation of being tough on drunk drivers, and frequently setting up Scottsdale DUI Sobriety Checkpoints. As the summer months begin, school wraps up, more people traveling and vacationing, sports events, vacations, and summer holidays. All translates into more celebrations and vigilance from Scottsdale law enforcement officials. In response Scottsdale will be ready with Scottsdale DUI sobriety checkpoints, Scottsdale DUI Sobriety Task Forces, and Scottsdale DUI Roadblocks; and independent DUI stops and arrests. The Scottsdale and the State of Arizona do not care how you got our Scottsdale DUI or Drug DUI, who you are, or why you were accused driving impaired under the influence of alcohol or drugs. Their only concern is getting a conviction. To defend your DUI in Scottsdale, you will need to hire a good Scottsdale DUI Attorney. There are many complicating facets and processes to defending a DUI charge in Scottsdale. You must consult an attorney who is experienced in dealing with the Scottsdale Court Systems; familiar with breath and blood testing protocol, the ever changing Scottsdale and Arizona DUI DWI laws, and application of defense strategies that will get your case dismissed, charges reduced and the best possible outcome of your case. With a competent Scottsdale AZ DUI Lawyer, your chances of getting a dismissal or more favorable outcome in your case drastically increase.

Continue reading "Scottsdale DUI Lawyers ׀ Scottsdale DUI Attorneys use Scottsdale DUI Laws to Defend Your Case " »

Consult a Tempe DUI Lawyer if you face Tempe DUI Charges

If you are charged with a Tempe DUI you should consult a Tempe Arizona DUI Attorney as soon as possible. Tempe Arizona DUI charges and Tempe DUI penalties are some of the toughest in the country. You will need a good Tempe DUI Attorney provide a strong defense. Tempe law enforcement officials announced earlier this year, that for 2010, they received five monetary grants from Arizona Governor Office of Highway Safety to be used to identify identify impaired drivers in Tempe, Arizona under the influence of drugs or alcohol, DUI, and other traffic safety priorities. The funding was earmarked to be used for enforcement, equipment, detection, apprehension and successful prosecution of impaired drivers as well as other vehicular crimes. The Tempe will be policing vigilantly for impaired DUI or Drug DUI drivers.

Whether you have been stopped and charged with a Tempe DUI at a Tempe DUI sobriety checkpoint, where many are charged during a short period of time, or an independent Tempe DUI arrest, makes no difference in the penalties if convicted. They are serious offenses with serious consequences including incarceration in jail or prison, expensive fines, and fees, court ordered ignition interlock devices installed at your expense, and more. The severity of the charges and punishments depend on how much alcohol, drugs, or other substances were found in your system which impaired your driving; if you are a repeat offender; if you are under the age of 21; if you had a child in the vehicle; and other factors surrounding your DUI charge. But even the most basic first time offenses such as that of being found "impaired to the slightest degree", if convicted includes incarceration sentence of jail-time, fines, fees, and more.

If you face Tempe DUI charges, it is important that you contact a Tempe DUI Attorney as soon as possible. Following your Tempe DUI arrest, you will have a DUI or Criminal complaint in the form of a citation. It will include a Tempe Court date and time. This is for what is called your "Arraignment" At this hearing; you must decide how you want to plea to the violation(s) you have been cited for by the time of your Court date. The plea options available are guilty, not-guilty, or no contest. It is crucial that you consult an experienced Tempe Criminal Defense or DUI Attorney as soon as you receive this or well before this date. If you do not show up for the arraignment, a warrant will be issued for your arrest. If you hire a Tempe DUI or Criminal Defense Attorney, they will handle these details for you. In many cases you will not need to appear for that court date, because your Tempe DUI attorney will have already filed a "not-guilty" plea on your behalf, notice of defenses, and notice of his or her representation on your behalf. Depending on the charges, then, that particular Tempe Court Date on your citation will be vacated. At this point, a good Tempe DUI lawyer will begin aggressively building and mounting a defense on your behalf. They will gather and examine all evidence to determine if any of your constitutional rights were violated, if there are in flaws in the prosecutions cases, and determine the best defenses to use in your case.

The ultimate goal of your Tempe DUI defense Attorney will be to get your case dismissed, clear your record, or in the least reduce the charges and penalties, and make sure the matter has as least impact on you as possible. Without an experienced Tempe DUI defense Attorney, your chances of getting the charges dismissed, charges or punishments reduced or a better outcome than the charges dictate are slim to none. Consequences can be life altering. You will not be able to get this help from the Prosecution or police. Their job is to convict you for the crime for which you were charged, not to look for a way to get your case dismissed or make your life easier. The judge can not do anything to help you accept by proper legal defense motions, evidence and case provided through appropriate protocol by your Tempe Arizona Defense Attorney. You will need a strong defense in your corner, someone who will fight for your rights, freedom and future.

Continue reading "Why You Need Tempe DUI ATTORNEY" »

You'll need an Arizona DUI Defense Attorney if you have been charged with any type of DUI in Arizona

The Arizona Governors' office released statistics earlier this year which cited that Sixteen Arizona DUI task forces initiated more than 14,000 Arizona DUI arrests last year (2009). Nearly 1,000.00 of those were .15% or higher, Blood Alcohol Content (BAC) which is considered extreme DUI under Arizona state law. This was approximately 4,000.00 more than the previous year (2008). The State of Arizona considers a DUI a "violent crime" (according to one of Arizona's, website azgohs.gov/transportation-safety.) The penalties for convictions are severe for even the most basic Arizona DUI charge. Arizona DUI penalties include mandatory jail or prison, large fines, fees, loss of drivers license, in some cases vehicle impound, and installation of mandatory ignition interlock devices at your. If you face an Arizona DUI charge, it is crucial that you contact an experienced Arizona DUI Attorney as soon as possible. The chances of getting your case dismissed, charges reduced, or any other favorable outcome for your AZ DUI charges are drastically increased, if you have a good Arizona DUI Lawyer.

Note, of the 14,000 Arizona arrests last year, many of those were not convicted of the DUI or Drug DUI for which they were charged. Many hired private Phoenix DUI Attorneys or a private DUI Attorney who practices often in Phoenix Arizona to defend their Phoenix Arizona DUI case. And many of those defendants were able to get their case dismissed or significantly reduced charges and penalties, due to a violation of constitutional rights, not enough alcohol or drugs in their system, or other defense mechanism that was used by their top Phoenix DUI Defense Lawyer.

As a result however, of the increased number of Arizona DUI arrests, changes were and continue to be made to make the Phoenix Arizona DUI laws more strict and penalties en harsher. Particular focus is being directed at repeat offenders. The increased numbers in the DUI Arrests fueled efforts of Arizona State Legislature, Governor's Office, DPS, Highway Safety, and Law Enforcement Agencies, and County Prosecution Offices including Maricopa County cities of Phoenix, Mesa, Tempe, Chandler, Scottsdale, and Gilbert, Arizona, to reduce DUI and DWI numbers by increasing law enforcement presence, Arizona DUI penalties, and Arizona DUI convictions. Hundreds of thousands of dollars were granted by the Office of the Arizona Governor, and earmarked in use for Arizona DUI taskforces, Arizona DUI sobriety checkpoints, and AZ DUI roadblocks through out the State in 2010. These operations have been well underway the first half of this year across the State of Arizona.

It does not matter who you are, what you do, where you are going or why you are driving impaired due to alcohol, drugs or other toxic substances. If you are charged for a DUI in Arizona you will face an Arizona DUI charge, arrest, booking number, and mug shot.

The State of Arizona and County Prosecution are serious about stopping drivers impaired by alcohol or drugs. They are out for the conviction and are working closely with the police to get you convicted. A judge can't even help you. Their hands are tied, without proper legal defense, motions, evidence, and legal authority through the court processes via legal representation from your Arizona DUI Defense Attorney. It makes the prosecution's job easy to convict you with the maximum penalties when you do not hire a private Arizona DUI Defense Attorney. An Arizona DUI charge involves complicated processes, court procedures, and challenges. To defend an Arizona DUI defense requires knowledge, training and experience in fighting the prosecution; understanding court protocol and procedures; constantly changing laws, penalties, alcohol and drug toxicology testing; and application of defense strategies to suit your set of circumstances. For these reasons, it is extremely important that you contact a good Arizona Criminal Defense or Arizona DUI Attorney as soon as possible to defend your case who is experienced and competent in all of these areas.

Be sure you either hire an Arizona DUI Attorney well before that court date which appears on your citation. This will give your Arizona DUI Lawyer ample time to file appropriate motions with the court to vacate that hearing date, file your notice of "not-guilty" on your behalf, notice of your defenses, and notice of his or her legal representation in defense of your matter. The sooner you retain, an Arizona DUI Defense Lawyer the better, so they can begin gathering and examining evidence needed to build a strong defense which you will need to defend the Arizona DUI charges. You have everything to lose to try to fight on your own. And everything to gain, by hiring a good Arizona DUI Defense Attorney to fight to get a dismissal, reduced charges or in the least the best possible outcome for you, in your Arizona DUI case.

Continue reading "An Experienced Arizona DUI Lawyer Knows How to Defend Your DUI" »

Why you need a Phoenix Arizona DUI Attorney

Phoenix, Arizona DUI laws are some of the toughest in the entire country, as are the Phoenix DUI penalties. The chances of getting a favorable outcome for your Phoenix DUI charges are slim to none, without the legal representation of a private Phoenix Criminal Defense DUI Attorney. You need Phoenix DUI defense attorney who defends Arizona DUI and criminal charges exclusively. Even the most basic Phoenix DUI "impaired to the slightest degree", first offense punishments are harsh. Phoenix Extreme DUI, Phoenix repeat offense DUI, and other Phoenix aggravated felony DUI, and drug DUI charges and penalties are life alternating. Phoenix Arizona DUI Penalties include incarceration in jail or prison, exorbitant fines, fees, court ordered interlock ignition devices to be put in your vehicle at your expense, and more.

By the time you get charged or arrested for a Phoenix DUI, the police have already made up their minds. Your plea to "explain your side of the story" is mute in the eyes of Arizona law, and Phoenix prosecution. At that point, you need to exercise your constitutional right to remain silent. Otherwise, you are simply hurting your case further. You should remain calm, and do not resist arrest. If questioned further, following your Miranda Rights being read to you, advise respectfully, that you wish to remain silent, and request to speak with your Phoenix DUI Attorney.

At this point, your file will be attached a court reference number, and a mug shot. And that is all you are in the eyes of the State of Arizona and the Prosecution. Sound cold? It's a fact. Phoenix Arizona is serious about cracking down on DUI and Drug DUI. There is a lot to lose if you are convicted including your job, driver's license, family, finances, future and freedom. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they want is to a conviction. That's what they get paid for. And they will work closely, with the police to get it. They will not examine details of your case, evaluate it to determine if the charges are justified, or to determine if your constitutional rights were violated in anyway. That is not their job. They are not going to try to find a way to defend you, find flaws in their case, or make things any easier. And they certainly will not try to get your case dismissed. They prosecute and convict. If you are looking for the Judge to be in your corner, don't count on it. The Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. "Telling" your side of the story to the Judge will not have favorable effect on your situation. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Phoenix Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The system is complicated. It is a maze of laws, protocol, people and odds against you. You have a choice. You need a strong ally. You need an experienced Phoenix Criminal and DUI Defense Attorney to build a strong defense for your case.

You made a mistake, an error in judgment. You did not intend to break the law. You may not have even realized it, at the time. Do you deserve to have your entire life ruined? A good Phoenix DUI defense attorney feels you deserve a second chance. And now it's time for you to let them do their job. You have a constitutional right to retain a Phoenix DUI Attorney. Use it. Retain an experienced Phoenix Arizona Defense Lawyer. You have everything to gain, and nothing to lose. In the eyes of the prosecution, you are already guilty, and could be subject to the maximum penalties. It makes their job much easier to get a maximum conviction without an Attorney. By hiring a good Phoenix DUI Attorney, you regain control of your life, and your Phoenix DUI charges. Your Phoenix DUI Attorney can immediately begin building and mounting a strong defense on your behalf. It's your second chance. Your Phoenix DUI lawyer should be someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed.

Continue reading "PHOENIX DUI LAWYER " »

Phoenix Probation Violation Attorney

A probation violation is a serious offense in Arizona. Those placed on Arizona probation that fail to follow the terms of the probation as ordered by the court may face time in jail, or even prison depending if the original or new criminal charge was a misdemeanor or a felony. Your future freedom is at stake. You don't want to go to jail. Your probation violation may be easily explained. However, it is crucial that you consult a Phoenix Criminal Defense Attorney as soon as possible if you are charged with a probation violation.

It is important to understand that when you are facing a Phoenix probation violation charge you understand the seriousness of the potential of a new possibly harsher sentence. It does not matter that the original Arizona criminal conviction was weak or you did not commit the crime. If you originally were convicted, sentenced you were placed on probation with certain things to complete. If you failed to complete those items then there was a violation of the terms of probation.

Additionally, the burden of proof on the prosecutor is not beyond a reasonable doubt as it was with the original criminal charge, but simply a preponderance of evidence, which is a much lower standard. Basically, the new question of law and sentencing becomes "did you complete the terms of probation or not?"

Arizona Probation Violation
A probation violation can occur anytime a person violates the terms of probation as ordered by the judge. These terms set rules of things to do or not to do and must be followed throughout the length of the probation sentence. Depending on the type of probation you were placed on, there are various types of probation violations, such as:

• Committing a new crime
• Missing a drug test, testing positive or diluted
• Drinking if your probation specified no alcohol
• Speaking with a person you were ordered not to contact
• Failing to complete counseling for any reason
• Getting behind on court fines, fees, restitution or community service
• Removing any security monitoring device
• Failing to check in with the judge or probation officer
• Failing to appear in court at a schedule date and time
• Failing to pay court fees or fines
• Failing to comply with a court order

Continue reading "PROBATION VIOLATION" »

Arizona Marijuana, Drug, Prescription Medication, Drunk Drivers, Impaired, and Unimpaired Drivers Beware

10 Survival Tips - Arizona DUI Sobriety Checkpoints

Phoenix DUI Lawyer

It's prime time for Arizona DUI sobriety checkpoints and Arizona DUI roadblocks. Even unimpaired Arizona drivers are subject to Arizona DUI Roadblocks and AZ DUI Sobriety Checkpoints. But do you want to take that chance even if you are not impaired? In Arizona, the police will be stopping vehicles according to a random mathematical formula decided in advance by police force management or other local jurisdictional authority to stop drivers and find Phoenix DUI or Phoenix drug DUI drivers. If you find yourself stopped at an Arizona DUI sobriety checkpoint, you will be asked to produce your driver's license and registration. The police are trained to look for cues of drivers suspected of Arizona DUI or Arizona Drug DUI. They will watch to see if you are fumbling to find the documents, observe if you are displaying nervousness or suspect behavior, as would a person drunk driving or impaired by a drug or medication. They may ask you to step out of your vehicle or pull you out of the line of traffic to investigate further. They may decide to have DUI drug testing done for Drug DUI or a breath test for DUI with alcohol. You should know that an Arizona DUI or Drug DUI received at an Maricopa County Arizona DUI checkpoint is just as severe as an Arizona DUI or Arizona Drug DUI charge given at an independent stop. The punishments if convicted are just as harsh and Arizona some of the most severe DUI penalties in the country. Therefore, you have received an Arizona DUI or Arizona Drug DUI you should consult a Phoenix Arizona DUI Lawyer, or Arizona Criminal Defense Attorney as soon as possible regarding your defense.

Here three of twelve guidelines adopted by Arizona, and offered by the National Highway Traffic and Safety Administration (NHTSA), regarding DUI checkpoint stops. These three guidelines can work to a driver's advantage to help them avoid, Arizona Drug DUI or Arizona DUI at an Arizona DUI checkpoint completely:
• The public should be aggressively informed of sobriety checkpoints with ample warning so drivers can avoid them completely.
• Police presence should be obvious when approaching a checkpoint.
• Drivers should be sufficiently warned of an upcoming checkpoint

Here are some tips to prepare for a 2010 Arizona DUI sobriety checkpoints:

1. The best way to avoid being stopped at a Phoenix, Tempe, Mesa, Gilbert, Scottsdale, Chandler or other City in Maricopa County Arizona DUI checkpoint is to find out in advance where the planned Arizona DUI roadblocks will be. Some resources to obtain notice include your local newspaper, radio, TV and the internet. Many AZ DUI checkpoint announcements are posted on local state, county, city, and government websites. Posting on social networks such as Twitter.com, has become increasingly popular. Others are using Text Messaging, iPhones, Smart Phones, and other technological resources to keep each other informed.

2. If you will be driving, know in advance, know exactly where your license and registration are located and make sure they are accessible.

3. Try to stay calm (easier said than done).

4. Do not joke around with the police or passengers in the vehicle with you. In fact, it would be a good idea to alert the passengers that you are approaching a Phoenix DUI Sobriety checkpoint; and that you would appreciate their silence and respect through the process. It's your future and freedom at stake, (unless they are or have been drinking under the age of 21.) Recognize that the police officer is just doing his or her job. Be polite, courteous and respectful.

5. Do not complain about being stopped at the Arizona DUI Checkpoint.

6. Produce your license and registration as requested timely and without question.

7. Do not offer information as to where you are going or where you have been.

8. Do not offer information about having had any alcohol or drugs recently or in the past.

9. Do not offer information about any medical conditions you may have, drug, or medications you have taken or have in your possession. That may encourage them to embark on a Drug DUI and may cue them to suspect you of a drug DUI.

10. Do not allow passengers to have or carry opened alcoholic beverage containers in your vehicle. Let them know your rules in advance of leaving for your destination. Simply explain that you do not wish to transport opened alcohol containers, drugs, or drug paraphernalia in your vehicle. It's not easy to say to a friend, especially in light of peer pressure. But it's your responsibility as the driver to enforce your rules. Ultimately it is your responsibility. You will be the one stopped by the police. You will be the one first investigated and most likely held responsible, and charged with DUI, Drug DUI, Drug or drug paraphernalia use or possession.

Continue reading "2010 - Arizona DUI Checkpoints" »

Arizona DUI Attorney - DUI License Suspension - What to Expect

The MVD hearing is separate from your AZ DUI criminal charge. The Arizona Motor Vehicle Department will take administrative action against your driver's license and/or privilege to drive apart from the criminal prosecution for driving under the influence of alcohol. It is imperative that you consult an experienced Arizona DUI attorney regarding your AZ MVD hearing and be well prepared for your MVD hearing:

• If you "refused" testing or provided blood, breath or urine samples showing an alcohol concentration of .08 or higher, the police issue a pink and a yellow copy of the "Administrative Per Se/Implied Consent Affidavit," which explains you have only 15 days from the date the notice of suspension is served to request an MVD hearing. It is important that you do not miss this deadline.
• A.R.S. § 28-1385(C). A timely request for a hearing postpones the suspension until a hearing is held. A.R.S. § 28-1385(H). If you fail to timely request an MVD hearing, the AZ MVD will automatically suspend your driver's license for a period of 90 days if you submitted to the test and registered .08% BAC or higher.
• If you fail to timely request an AZ MVD hearing the AZ MVD will automatically suspend your driver's license for a an entire year for a "refusal". This applies if you previously refused the DUI testing at that time of the stop by the police officer; and or a warrant had to be issued by the judge allowing the police to proceed with testing.
• At MVD hearings related to a DUI arrests, the officer is subpoenaed to testify and present evidence against you. You are entitled to be represented by counsel and your legal representative is entitled to present evidence and dispute the charges and the officer's order of license suspension. Even if all officers appear, testify and prove their case against you your license will not be suspended immediately after the hearing. If the Administrative Law Judge upholds the suspension of your license, then the suspension will usually begin 20 days from the date of the Order.
• The arresting officer, as well as the person who administered the tests should be present at an MVD hearing. These proceedings are recorded and can be used later at a criminal trial. The MVD hearing is primarily used by the MVD to determining certain facts surrounding your DUI charge and how a breath, blood, or urine test was administered. The prosecutor will not be present. Your MVD hearing provides your DUI defense attorney to question the police officers without the prosecution being present. A good DUI Defense Attorney will examine and question their practices, mistakes or failure to follow protocol. If the case goes to trial, this evidence can be used against the prosecution or to suppress evidence.
• Even if the MVD does not suspend your license during your hearing, they can suspend your license if you plead to, or are found guilty of, the DUI criminal matter itself later.

Continue reading "DMV - AZ MVD" »

Phoenix DUI Attorney

After being charged with a Phoenix, Arizona DUI, fear of the unknown is traumatic. You need answers to the question of "What happens next? The first thing you need to do is to contact an Arizona Criminal Defense Lawyer experienced in defending Arizona DUI charges. A good Arizona DUI lawyer will make sure the DUI and all events have the least impact on you and your life as possible; exhaust all measures to lowering the charges and sentencing; and press for a complete dismissal of the matter, depending on the circumstances of your case.

The following will shed some light on the "General" order of processes that follow if they apply to your situation:

1. Motor Vehicle Hearing: To preserve your right to drive in Arizona, you must request a hearing within 15 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a suspension letter. If you had a valid license when you were stopped, you may qualify for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 30-45 days of driving. If you lose at the hearing, you can not drive after the hearing. Crucial defenses can be developed at the hearing. Also ask your attorney of the consequences of requesting the hearing verses stipulating to the suspension. You are trying to minimize any and all impact on your life due to this DUI charge. Including the need for an SR 22 insurance policy.

2. Arraignment: This is the date on your ticket, about 30 to 60 days after your DUI arrest. If you have an attorney and are not on bond, you do not have to appear. A Good Arizona Attorney will take care of the first court date, so that you do not have to appear. The purpose of the arraignment is to mainly advise you of your rights. Your attorney will be able to give you that information. If you do not have an attorney, you must appear at the arraignment. If you do have an attorney confirm, whether or not you will be required to attend.

3. Pre-trial Conference: Your attorney will discuss your case, with the prosecution and attempt to negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. The date is agreed upon by the Court and your attorney's calendar. There are typically 2-3 pre-trial hearings.

4. Suppression or Evidentiary Hearing: A good Arizona DUI Attorney may be able to request the State to suppress some or all evidence against you, if your constitutional rights have been violated, or if any circumstances surrounding your case warrant suppression of the evidence. Your attorney will also file motions to the court requesting to suppress or dismiss a portion of all evidence, if the circumstances warrant. This usually occurs after the first pre-trial conference.

5. Trial: If your Attorney and the Prosecution are unable to agree upon an acceptable sentencing, plea bargain or dismissal of your case, you have the right to request a trial. Trial must be held within six months after plea.

6. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentencing and DUI convictions can include incarceration, driver's license suspension, fees, fines and/or counseling, and required use of an ignition interlock device in your vehicle.

DUI charges in Arizona are not something you want to defend on your own, without an Arizona DUI Defense Attorney. Arizona has some of the toughest DUI laws, in the country. Trying to defend your own Arizona DUI charges in absence of retaining a Phoenix Arizona DUI Attorney is very dangerous. Hiring an experienced DUI Attorney will make all the difference in the outcome of your case

Continue reading "AFTER PHOENIX ARIZONA DUI ARREST - ARIZONA DUI LAWS" »

Phoenix DUI - AZ DUI Laws

In Phoenix Arizona, did you know you can get an Arizona DUI without being drunk, or having had any alcohol at all? It's true. You can get a DUI if you are "impaired to the slightest degree" due to being under the influence of medication, prescription drugs. Arizona DUI charges with medication, are taken can be just as seriously by the State as a DUI with alcohol, that is with harsh punishments. If charged with a DUI linked to medication you should consult an Arizona DUI Lawyer as soon as possible regarding your case.

According to recent news agencies (source Arizona Department of Public Safety Laboratory ) report Arizona arrests + 377% surged in 2009 over from 2001 due to DUIs linked to legally prescribed medications such as anti-depressants (Valium and Xanax) and benzodiazepine (psychoactive drugs, such as those used to treat muscle pain, anxiety or insomnia). Arrests can occur even if you are driving impaired due to an over the counter accessible medication. If the law enforcement officers stop you, and suspect you of driving impaired, in absence of alcohol use you will be subjected to a toxicology testing based on blood draw or urine sample. If the results are positive, you will later be charged with a DUI. The severities of the DUI charges will be based on how much of the substance (s) was or were found in your bodily system based on toxicology results.

It can easily happen to anyone, anytime, anywhere. So if you have taken any medications that may impair your ability to drive safely, you are better off getting a ride to your destination from family friend, taxi or other source who is not impaired. Leave the keys; you and everyone else will have piece of mind and be a lot safer on the road.

Continue reading "DUI with Medication - Arizona DUI Criminal Defense" »

For a AZ DUI conviction of a an Arizona DUI offense pursuant to A.R.S. § 28-1381 or extreme DUI offense pursuant to A.R.S. § 28-1382 the term of probation is up to five years and for a conviction of an aggravated DUI offense pursuant to A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B).

If you are placed on Arizona probation for your AZ DUI as part of your sentence, you are expected to complete all your terms of probation. Doing any of the following may cause you to be in breach of your probation: committing a new crime, failing a drug/alcohol urine test, failing to keep appointments with probation officer, and possessing a firearm. If you are convicted of a felony DUI and violate probation you could be held non-bondable pending your probation violation hearing.

Under Arizona General Crimes: Unless terminated sooner, the term of probation for a class 2 felony is up to seven years; class 3 felony, up to five years; class 4 felony, up to four years; class 5 or 6 felony, up to three years; class 1 misdemeanor, up to three years; class 2 misdemeanor, up to two years; and class 3 misdemeanor, up to one year.

13-902. Periods of probation; monitoring; fees
A. Unless terminated sooner, probation may continue for the following periods:
1. For a class 2 felony, seven years.
2. For a class 3 felony, five years.
3. For a class 4 felony, four years.
4. For a class 5 or 6 felony, three years.
5. For a class 1 misdemeanor, three years.
6. For a class 2 misdemeanor, two years.
7. For a class 3 misdemeanor, one year.

B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:
1. For a violation of section 28-1381 or 28-1382, five years.
2. For a violation of section 28-1383, ten years.

28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20.
2. 0.20 or more.

28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition
A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
1. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.
2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits a violation of either:
(a) Section 28-1381.
(b) Section 28-1382.
4. While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following:
(a) While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28-1321, subsection A.
(b) Commits a violation of section 28-1381, section 28-1382 or this section.

Continue reading "Arizona Probation - Arizona Aggravated DUI Convictions" »

Upon getting an Arizona DUI conviction some DUI penalties are mandatory by Arizona DUI Laws. In those cases an experienced DUI defense attorney will attempt to negotiate with the prosecution or the judge for alternatives to incarceration in county jail.

The following may be available under certain circumstances in some Arizona courts:

Home Arrest or Home Detention: This involves wearing an electronic ankle bracelet while under house arrest. It is not available in most courts.

Work Release: This involves authorization to leave jail to go to work or school in certain instances. If available, in most cases you usually must serve the first 48 hours in jail then released for five consecutive days for 12 hours in and 12 hours out, and then repeat the schedule.

Work Furlough: This also allows you to keep your job and go to work during the day. However, this program is much more restrictive than work release.

City Jail: This allows you to serve your time in the jail associated with the city you received you DUI. City jails are less crowded, cleaner and safer. This is usually less traumatic than serving a jail sentence in county jail or "tent city."

Not all of these options are available in every situation. Many factors influence your ability to negotiate an alternative location to serve your AZ DUI jail sentence. So if you are charged with a DUI you want to retain the best Arizona DUI lawyer you can find to get you the best outcome possible on your case.

Continue reading "Arizona DUI Penalties - Jail " »

A Phoenix Arizona DUI arrest can be a frightening and traumatic experience. Any Arizona DUI conviction will require a jail sentence, fines, counseling, and ignition interlock device. It is a serious offense. If charged with an Arizona DUI, you should contact an experienced Arizona DUI Lawyer as soon as possible.

Most people do not want their family, friends, or work to find out about it. They wish to put their AZ DUI arrest in the pas, and keep it as low key as possible. An Arizona DUI offense should not give cause for public humiliation. In the end, for many their DUI was simply lapse in judgment. The fact is that an Arizona DUI arrest can happen to anyone, any time, even to those who don't drink alcohol. For example, maybe you took a common over the counter cold medicine. And perhaps unknown to you it contained a small amount of alcohol or narcotic ingredient which you to be "impairment to the slightest degree" while driving. Does that make you a criminal? Do you deserve to be publicly humiliated, and embarrassed? Many people think not.

However, Maricopa County, Arizona officials do not see it that way, and feel otherwise. One of the new Web-Sites it operates actually posts the names, mug shots and blood alcohol content levels of people who have been arrested for Arizona DUI. The current County Attorney, Andrew Tomas openly states the following:

"People convicted of DUI will now have their photographs posted on this web site. If these offenders feel embarrassed or ashamed to be identified this way, that's tough. They should have thought of that before endangering other people by driving an automobile - a potential deadly weapon - on our roadways while under the influence of alcohol or drugs."

Currently, there are at least two websites that publish Arizona DUI mug shots. These Arizona websites are not without controversy. Currently they continue to run without opposition. Perhaps down the road new officials will reconsider if this practice. For now this campaign continues to run.

Continue reading "Arizona DUI Mug Shots" »

The statute of limitations for Arizona DUI does not preclude the State from prosecuting an individual just because "X number of years" has passed since the date of the alleged offense. If you have a question as to whether or not this applies to you, be sure you consult an experienced Arizona DUI Attorney.

The Arizona statute of limitations simply requires the State to file a formal charging instrument against the defendant within a certain time period. In Arizona, the statute is one year for all misdemeanors, at least seven years for felonies, sometimes more.

Therefore, if you are an out-of-state resident and received DUI Arizona arrest you must not ignore it. Many people are visiting Arizona and charged with crimes, including DUI - DWI. If you ignore it because you are in another State it could still catch-up with you down the road. The statute of limitations is "tolled". That is, it stops running until they find you.

If the charge is an Arizona Felony DUI you could be arrested and extradited back to the Arizona. If it is an Arizona misdemeanor DUI a hold can be placed on your license until you resolve the Arizona criminal charge. It may not impact you for years to come. However, you will find it may impact your employment, insurance and your right to drive.

13-107. Time limitations
A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.
B. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:
1. For a class 2 through a class 6 felony, seven years.
2. For a misdemeanor, one year.
3. For a petty offense, six months.
C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.
D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.
E. The period of limitation does not run for a serious offense as defined in section 13-706 during any time when the identity of the person who commits the offense or offenses is unknown.
F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.
G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal

Continue reading "Statute of Limitations for DUI in Arizona" »

In Arizona, upon a DUI conviction you are sentenced to certain mandated AZ DUI sentencing penalties. One of these includes jail time and alcohol or drug counseling. Most AZ DUI sentences include a two-step jail sentence.

For example the mandatory minimum jail sentence for a first time 28-1381, A, 1, conviction for Impaired to the Slightest Degree is ten (10) days jail. This may be broken into a one (1) day jail sentence with the remaining nine (9) days suspended to complete the mandatory alcohol screening and counseling.

If you fail to complete the screening or counseling then you will face the remaining suspended sentence. However, in actually, the maximum sentence allowed by law for a class 1 misdemeanor is six (6) months jail. Therefore, if you totally ignore what you have been ordered by the court you may find yourself facing the full 180 days jail.

28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

J. Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but twenty-four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.
(Cited in part & emphasis added)

Continue reading "Arizona DUI Laws - Order to Show Cause" »

What to expect at Arizona's "Tent City" Jail:

Every Arizona DUI conviction carries with it jail time. AZ DUI Laws state that a person must serve at least 24 hours in jail if convicted of even the lowest level Arizona DUI charge. The maximum jail sentence for any misdemeanor DUI charge in Arizona is 180 days. It is important to speak with an experienced DUI defense attorney to get informed about what jail time, if any, you may be facing in your particular case.

If you are charged for the DUI in Maricopa County, Arizona and you have to do jail time for your Arizona DUI conviction, you will most likely do time. If you are charged for the DUI in Maricopa County, Arizona and you have to do jail time for your Arizona DUI conviction, you will most likely do time what is known as "Sheriff Joe's Tent City". Yes, Tent City is very real, and unfortunately, many of the rumors about the conditions there are true. Inmates can be exposed to extreme temperatures in the excessive heat of summer in Arizona (temperatures that have reached as high as 121 degrees) as well as the cold evening winter nights where it is not uncommon for temperatures to drop to below freezing.

All convictions of DUI in Arizona carry mandatory jail time. If you have been convicted of an AZ DUI, the judge will schedule a time for your mandatory jail sentence. Most Maricopa County, Arizona misdemeanor convictions in city or justice courts require you serve your sentence Tent City. Your Arizona DUI lawyer may be able to attempt to arrange for your DUI punishment to be served at an alternative location under certain circumstances. The corresponding court will provide an incarceration document that specifies the date and times you must serve. You must bring this court document to jail or they will not accept you and you may get additional penalties including extended jail time.

Many feel the punishment of serving time at Tent City, does not fit the crime for a DUI Conviction in Arizona. Arizona has some of the toughest laws and punishments for AZ DUI convictions in the Country. That is why it is so important to retain an experienced Arizona criminal defense attorney as soon as possible to defend your case, protect your rights, freedom, and future if you have been charged with a DUI in Arizona.

Continue reading "DUI Convictions: Jail in "Tent City" " »

Eleven Things NOT To DO if Stopped for an Arizona DUI:

1. DO NOT get out of your vehicle or unlatch your seat belt until the officer gives you permission or requests that you do so.

2 DO NOT ever touch the police officer! It can be used as a reason to arrest you or charge you with felony flight or felony assault on a police officer.

3. DO NOT resist arrest, and do not refuse to cooperate. Resisting arrest by itself is a reason to arrest you.

4. DO NOT try to "explain" the situation to the police - any statements you make could be taken out of context or twisted around to be used against you. Your Arizona Defense Attorney will present your side of the story throughout the defense, through the proper legal channels.

5. DO NOT complain. Making a scene or threatening to file a complaint only makes the situation escalate and your words can be used against you. Never argue with the police or lose your temper. Remember, you have the right to remain silent - Use it!

6. DO NOT make any statements about leaving from a bar. Do not admit drinking alcohol even if your last drink was hours ago.

7. DO NOT make any statements about smoking marijuana or taking illegal, legal or valid prescription drugs; even if the last time you did was hours, days or weeks ago.

8. DO NOT give your consent for any searches. However, the police may have the legal right to search post arrest or after obtaining a valid warrant.

9. DO NOT do any roadside balance or eye tests. Arizona DUI laws state that you are not required to perform these tests. However, if you do not, you should also know there is a chance you may be immediately arrested on the spot, and your refusal could be used against you at trial. Therefore, this is not a blanket rule and should be decided based on your individual situation. Think carefully about your choice.

10. DO NOT submit to a breath, blood, or urine test until after you have requested to call an attorney. However, do not delay submitting to the request. Any delay could be considered a refusal and cause the police to get a warrant and you would get a revoked drivers' license for one year.

11. DO NOT delay hiring an experienced Arizona DUI defense Attorney. While you do delay, the police and prosecution are building their case against you. You want your AZ DUI Defense Lawyer to begin fighting for you immediately, contacting the prosecution, examining evidence and building your defense.

These "DO NOT" items are general information intended as guides only. They may apply to most, but not all situations. Some of the Top criminal defense attorneys in Arizona have different perspectives or opinions on these items relating to being stopped or arrested for an Arizona DUI. Ultimately the decisions are yours to make based on the circumstances of your own situation.

Continue reading "Stopped For DUI - Eleven Tips from a DUI Lawyer " »

Things to DO if You are Stopped for a DUI in Arizona:

1. Do: Pull over immediately and wait for the officer to approach. Do not get out of your car. Stay seated calmly and be sure to keep your seat belt on, until the officer requests otherwise.

2. Do; Remain calm. Think, act and speak carefully. If the officer asks you why if you know why he stopped you, politely and simply say "no". .

3. Do: Provide license, registration, and proof of insurance. Note, from the second the officer approaches your auto, he/she will be evaluating your communications and actions, to look for signs of impairment. Know in advance exactly where your license and registration documents are, so that you do not nervously fumble for them. Remember they are looking for signs of impairment.

4. Do: Be as polite and courteous to the police officer as possible.

5. Do: Select your words and actions carefully. Don't get into an argument and try to maintain your composure. Anything you say or do can be held against you. Everything that happens at that stop including your words will be documented by the officer in the police report and used as evidence against you.

6. Do: If arrested, ask to speak with an attorney, if you do not have an attorney ask for a telephone book to attempt to reach a criminal DUI lawyer.

7. Do: Think carefully before refusing a breath, blood, or urine test. If you refuse, you will lose your driver's license for 1 year, rather than 30 days suspension followed by a 60 day restricted license. If you refuse the police will get a telephonic search warrant and take your blood by force. So the police will get the tests they want, one way or the other. Refusal of the tests simply buys you one year's loss of your driver's license.

8. Do: Ask for a second sample of blood or urine to be taken and preserved for you so that your Arizona Defense Attorney can have an independent defense retest on your behalf. You have the right to request it, and the right to obtain it.

9. Do: Request to be released for an independent blood test.

10.Do: Call an experienced Arizona DUI defense attorney for a free consultation about your phoenix drunk driving case as soon as possible.

These "Do" items are general information intended as guides only. They may apply to most, but not all situations. Some of the best Arizona criminal defense attorneys have different perspectives on some of the "Do" items and how they should be handled in the event you have been stopped or arrested for an Arizona DUI. Ultimately the decisions are yours. Choose wisely.

Continue reading "Ten DUI Tips from a DUI Attorney" »

In cases where an Arizona DUI with Drugs is suspected, you will typically be required to undergo a urine drug test. A urine drug test is the least accurate means for measuring blood alcohol level. However, to gain evidence against you for a DUI arrest, urine drug tests are routinely used and more effective in detecting the presence of illegal drugs in the body.

A urine test detects the amount of alcohol in a person's urine. Typically, a person is asked to empty their bladder and wait 20 minutes before providing a sample to be tested. However, since water remains in the body's system over a period of time, urine is not as accurate an indicator of blood alcohol content as blood itself. As a result, in borderline cases a urine test could erroneously indicate a BAC in excess of .08 when in reality a person's BAC is within the legal limit.

Urine Drug Tests detect the presence of drugs in the body days after a drug has been used. Due to the manner in which drugs are metabolized and eliminated from the body, traces of marijuana, cocaine, heroin, and other drugs may be detected in the urine long after they were initially used. As such, a urine test can only determine if a drug was used - not when it was used. Consequently, people arrested for an AZ DUI drug charge may not have been under the influence of a drug at the time of the AZ DUI stop when arrested even though their urine sample tested positive for drugs. Also, cases exist where over the counter medications such cough medicines, certain pain relievers, and cold medicines have mistakenly resulted in a positive indication for marijuana, heroin, or other illegal drugs.

A good DUI Attorney will gather evidence from lab technicians and forensic specialists when challenging urine tests. This is because technicians and police often fail to follow proper Arizona DUI Law protocol since questions often arise pertaining to the accuracy of the tests and the dependability of the results. Many defendants have been convicted of Arizona drunk driving charges due to an improper, inaccurate urine test. If there has been mishandling in test administration or handling protocol, your Arizona DUI Lawyer may be able to get the urine test results thrown out, and in some cases the case itself dismissed.

Continue reading "Urine Drug Test - ARIZONA DUI LAWS" »

AZ Marijuana DUI penalties carry a mandatory sentence that includes incarceration for at least 24 hours and not more than 6 months for a first-time offense. Penalties under AZ Marijuana DUI laws may also include fines, fees, drug counseling, probation, suspended drivers' license and other punishments.

Arizona Revised Statute (A.R.S.) 28-1381 (in pertinent part)

28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

D. A person using a drug, as prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.

Arizona has some of the toughest DUI, and DUI Marijuana laws in the Country. That is why if charged you will need to retain the best Arizona Marijuana DUI lawyer or Arizona Criminal Defense Attorney you can find to defend your case.

Continue reading "DUI Marijuana - Marijuana DUI Laws in Arizona" »

AZ Marijuana DUI charges are considered very serious offenses. . If you are charged you should retain legal representation from an experienced Arizona DUI Lawyer, or Arizona Criminal Defense Attorney.

There are two types of Arizona marijuana DUI offenses. First, a person can be charged with an AZ DUI if operating a motor vehicle while "impaired to the slightest degree" including impairment due to marijuana. Secondly, a person violates AZ DUI laws when operating a vehicle with any trace of marijuana in his or her system as detected by "THC" this includes medical marijuana metabolites in bodily fluids.

"THC" is the abbreviation for Tetrahydrocannabinol which is the psychoactive compound in marijuana. In the case of an AZ Marijuana DUI, the police are looking for how much THC is found in a suspects urine. "THC" is Delta-9-tetrahydrocannabinol, which is the intoxicating ingredient in marijuana. THC is fairly quickly converted by the body into inert metabolites, which can stay in the body for hours or even days.

Arizona has a "zero tolerance" law enacted. This means that you are forbidden from driving if you have any detectable level of marijuana in your body, as indicated by the presence of THC metabolites. It is not necessary for the prosecution to prove that the presence of THC metabolites caused any impairment; just that it was present in your body.

You can be charged with an Arizona Marijuana DUI based just having the metabolite of a drug in your system, including pot. That means that if you smoked marijuana 12 days ago and stopped today, in Arizona, you can be charged with Marijuana DUI. Arizona has some of the toughest DUI Marijuana Laws in the country. For this reason,
You will need an experienced Arizona DUI Marijuana Attorney to defend your case.

Continue reading "Marijuana DUI - DUI Marijuana Arizona" »

If you get an Arizona DUI conviction of any kind, according to AZ DUI Law, you must provide verification of what is known as "SR22 insurance". This provides proof of financial responsibility. The SR22 is mandatory after your Arizona DUI conviction and following the court ordered Arizona license suspensions.

You must carry SR22 insurance for three years a minimum period of three years. If you cancel after getting the policy, the insurance company is required to notify the MVD upon cancellation of your SR22 insurance. This insurance is basically a high risk insurance policy where you are required to show proof of financial responsibility to the MVD in the form of an SR22 filing. An SR22 filing will be provided to the MVD by your SR22 insurance provider.

If a lapse occurs, the Arizona MVD will immediately suspend or revoke your driver's license again, and you will have to go through the process of having your insurance provider file another SR22 form with the MVD before they will reinstate your license.

An AZ drunk driving conviction will not automatically require the SR22 insurance. You should be exempt from SR22 insurance entirely, if:

1. Arizona MVD upholds the Administrative Per Se suspension of your driver's license prior to being convicted of the DUI; or

2. Arizona MVD voids the Administrative Per Se suspension and the DUI charges are dismissed or reduced to a non-DUI offense.

If the AZ MVD voids the Administrative Per Se suspension and subsequently suspends your drivers' license based upon an AZ DUI conviction, you must then carry the SR22 insurance as a condition of reinstating and maintaining a valid driver's license.

The cost of SR22 insurance can vary greatly from one insurance company to the next. So it is important that you get a variety of multiple quotes from different insurers so that you obtain the can obtain the lowest rates possible. Regarding obtaining these quotes, your Arizona DUI Defense Attorney will caution you to provide only general information to the Insurance Company needed for the quote, to protect your privacy. Once you select an Insurer, an experienced AZ DUI Lawyer will also suggest that you provide only information they specifically needed to issue the SR22.

Continue reading "Arizona DUI Conviction - SR22 Insurance " »

DUI Checkpoint stops are unique compared to an Arizona DUI stops made by individual police officers who observed you behind the wheel of a vehicle in absence of a DUI Roadblock. With regard to an AZ DUI checkpoint stop, your Arizona DUI Defense Attorney will argue that the Arizona Prosecution bears the burden to prove
the checkpoint itself and checkpoint protocol used complied with the federal and local laws and guidelines.

Thus the burden of proof weighs heavily on the police officer and law enforcement agency to prove compliance from beginning to end for checkpoint stops based on National Highway Traffic and Safety Administration (NHTSA) guidelines and Local Procedures adapted by the State, City or other local area you were stopped.

In contrast, for an individual to be stopped by a police officer while they are driving or have the potential to drive being behind the wheel of an auto, there must be suspicion of DUI, for the stop to be valid. In absence of a DUI Checkpoint situation, prosecution need only to prove that the stop itself was valid, due to suspicion that the driver may be impaired due to alcohol or drugs.

In an AZ DUI Checkpoint stop, the Federal Guidelines require vehicles to be stopped based upon the selection of a mathematical formula of sorts such as stopping every second, or third vehicle. This is done to deter police misconduct such as racial profiling.

Checkpoints must minimize the average time each motorist is detained. This means the
officer can't just ask you to step out of your car without reason to suspect you are impaired by alcohol or drugs. In other words, there must be noticeable signs of impairment . If such signs do not exist, you must be allowed to drive on.

If the officer decides that you display signs of impairment, you will be redirected from the vehicles in line at the DUI roadblock to a separate area where they will continue further investigation of DUI. From this point, it is not much different than a regular Arizona DUI stop by a police officer.

If you were stopped at an Arizona DUI Checkpoint, and charged with DUI in Arizona, you should retain the services of an experienced Arizona DUI defense Attorney. After gathering and examining of all the evidence, they will determine if your constitutional rights were violated; make sure you were not unlawfully searched; and determine if the checkpoint complied with the Federal, state, and local laws and procedures relating to DUI Checkpoints. If violations exist, your Arizona DUI Lawyer may be able to suppress evidence, or even in some cases get a dismissal.

Continue reading "Arizona DUI charges: Defenses for AZ DUI Sobriety Checkpoint Stops" »

Thousands of Arizona DUI Arrests occur each year at Arizona DUI Sobriety Checkpoints,
(also known as AZ DUI Road blocks, and Roadside safety checks). Top Arizona DUI Defense Attorneys will tell you that the primary purpose for them is for law enforcement to catch drivers driving impaired under the influence of alcohol or drugs Arizona is one of 38 states who conduct these Sobriety Checkpoints as allowed by the Arizona Authority, Law, and Constitution. Each state is responsible for creating its own set of procedures.

However, 12 guidelines are offered by the National Highway Traffic and Safety Administration (NHTSA):

1) The public should be aggressively informed of sobriety checkpoints with ample warning so they can avoid them completely.

2) Police presence should be obvious when approaching a checkpoint.

3) Drivers should be sufficiently warned of an upcoming checkpoint.

4) The logistics of chemical testing must allow expeditious transport of suspects to a chemical testing site.

5) They must be part of an ongoing program to deter drunk driving.

6) They should have support of the judicial system, for example a District, County or State Prosecutors' Offices.

7) The selection of the checkpoints must be done in the interest of public safety and chosen for a specific objective (an unusual number of drunk driving accidents that area).

8) Any change in the original planning of a checkpoint must be well documented.

9) Detection and investigation techniques must be well-planned and standardized. These must be performed by qualified law enforcement. Investigation must take place without impeding the flow of traffic.

10) There must be established procedures for how to properly operate a checkpoint.

11) Feedback should be requested from citizens who are stopped to help determine if the program is effective.

12) Trained Police Officers must do all the DUI investigating.

The best way to avoid being stopped at an Arizona DUI checkpoint, is to find out in advance where the planned roadblocks will be. Some resources to obtain notice include your local newspaper, radio, TV and the internet. Many AZ DUI checkpoint announcements are posted on local state, county, city, and government websites. Posting on social networks such as Twitter.com has become increasingly popular.

Continue reading "AZ DUI Checkpoints: 12 Facts About AZ Sobriety Checkpoints! " »

1. DUI Portable Breath Test (PBT)
If stopped for suspicion of Arizona DUI, the police will ask you a series of questions. Possibly before or after requesting AZ DUI field sobriety tests (FST) the Arizona police will request to have you blow into a small hand held device on the side of the road, in an effort to continue building a case to charge you with a DUI in Arizona.

This small device is called a portable breath test (PBT). The purpose is to determine if you were drinking alcohol and supply an approximate reading of how much was in your system. This device can be used as evidence of probable cause to make an arrest for an Arizona DUI, or Arizona DWI. You can think of this one as a preliminary test. The reading on this machine cannot be used against you as evidence in court because it has not passed the necessary scientific tests to be considered an accurate alcohol concentration measuring device to meet proper AZ DUI Law testing standards. It has not been calibrated or maintained for reliability.

If the reading was 0.0 blood alcohol content (BAC) police may still suspect you of driving while drug impaired. In that event, they may continue their investigation with drug impairment testing for AZ DUI drug charges.

2. DUI Breath Test
In Arizona, the official breath test for Arizona DUI testing is done with the Intoxilyzer device. The machine analyzes the DUI suspect's breath sample without destroying it through a process of infrared spectroscopy, thereby determining the amount of ethyl alcohol present in the sample.

This machine is required to be calibrated and tested on a regular basis by the police agencies responsible for them. At times, like all machines, they have problems and may need to be taken out of service for repair or sent back to the manufacturer. It is imperative to inspect the machine records to determine if it was working properly. If a history of prior problems or defects exists with the machine, the machine and results may be invalid, and the evidence may be suppressed. In absence of machine defect or administration error, these machine results are valid and may be used as evidence against you in trial.

Top Arizona DUI defense Attorney will examine all of these elements. Your AZ DUI Lawyer should understand the factors that may affect the accuracy of the machine readings, including test protocol, temperature, and individual human body variances that may affect the outcome of your test results and your AZ DUI case. That is why it is important to select an experienced Arizona DUI lawyer who will have invalid evidence against you thrown out, and make efforts to help you avoid an Arizona DUI conviction.

Continue reading "Arizona DUI Tests-Two Breath Tests Given in AZ DUI Stop " »

AZ DUI blood testing is considered to be the most accurate form of testing for determining AZ DUI blood alcohol content (BAC). However, that does not change the fact that many errors can still occur in the Arizona DUI blood testing process. Arizona DUI laws require that specific protocol and procedures be followed for blood collection. If these protocols are not strictly followed, and standards met, it could cause blood test results to be inaccurate. In that event, the blood evidence may be thrown out, leading to a case dismissal of your Arizona DUI.

The following are some factors that could affect the accuracy of blood test results:

1. Use of Contaminated or faulty medical equipment

2. Improper method used to draw the blood

3. Improper storage or transportation of the blood sample

4. If a test subject has anticoagulants present in their blood, this can result in an inflated and inaccurate BAC test result

5. The drug testing or narcotic identification kit could be expired

6. Rubbing alcohol could contaminate the blood sample

7. Too much preservative in the vacuum tube could result in an inaccurate reading

8. Lab technicians could mix in too much salt which will artificially inflate results

9. Results could be inflated if only blood serum or plasma is tested instead of whole blood.

If you are stopped for suspicion of driving impaired and the police request and you agree to a blood test then only a person trained in blood withdrawal can take your blood sample. The person responsible should be careful not to allow alcohol from a swab to contaminate the blood drawn.

Arizona DUI prosecutors claim that blood testing machines are accurate to within 5%. But many Arizona DUI defense attorneys and experts will tell you that they are not nearly that accurate as they claim to be. Problems exist in operation error or sample collection procedures that can cause the results will be unreliable. Top Arizona DUI Attorneys recommend you request a second sample to be taken at the same time or as close as possible to the first, for your AZ DUI Lawyer to have retested independently for evidence in your Arizona DUI Defense.

Continue reading "Defense for DUI in Arizona: Inaccurate DUI Blood Tests" »

Arizona DUI police and prosecutors use breath, blood and urine to prove its case to the jury and seek an AZ drunk driving conviction. The breath test is usually given at the police station or in the AZ DUI van. This breath test is not without its faults and is highly susceptible to error. If the breath test is not given properly, then it will not accurately measure your blood alcohol concentration. A good Arizona DUI Lawyer may be able to file the appropriate motion to ask the judge to throw it out.

Below are some factors that can impact the accuracy and reliability of breath test results:

Temperature of Your Breath
The breath test works on the assumption that your breath is 34 degrees centigrade. Studies done with this equipment have shown that the real average breath temperature for people who have been arrested on a DUI/DWI is closer to 35.5, with some as high as 37. Thus, any error in quantification of the person breath temperature could provide incorrect blood alcohol content (BAC) results.

How Fast the Body Eliminates Alcohol
Another assumption on the part of the breath testing machine. Not all persons metabolism is the same, but the breath test machine assumes that everyone is the same. A person whose body gets rid of alcohol slower will have a higher BAC than someone with a faster metabolism. If you have a slow metabolism, you might still be absorbing alcohol by the time you take the test. If so, the machine will read your BAC higher than it actually is.

Belching, Hiccupping or Vomiting Prior to a Test
Part of the breath test mandates the officer to constantly observe you to verify that you have not belched, hiccupped or vomited within 15 minutes of taking the test. Constant observation is a rule that the officer must follow. If it is not followed, the results of the test may be called into question.

Inherent Margin of Error The breath machines have an acknowledged + 10% margin of error. Therefore, even when the device is calibrated and operating properly, it will still have a 20% range of error.

Mouth Alcohol The breath testing machines are frequently having difficulties distinguishing between alcohol in a person's mouth and blood alcohol. Contaminants in a person's mouth, such as, smokeless tobacco, denture adhesives, mints, and lip balm may also result in erroneous BAC results.

Operator Error Arizona DUI police often lack proper training in the use of the DUI breath test machines. Officers generally receive minimal training in the use of the device for purposes of AZ DUI Testing, and are not provided adequate written materials.

Despite efforts by the breath test machine manufacturers to detect these problems, they continue to result in many unjust Arizona DUI convictions, despite the fact they were innocent of Arizona Drunk Driving. Thus, another reason, to retain AZ legal representation from an experienced Arizona DUI Attorney who can provide you with the best AZ DUI defense possible.

Continue reading "AZ DUI Defenses: Inaccuracy of the Breath Testing Device" »

Arizona DUI Prosecution may not unreasonably prohibit or interfere with your Arizona DUI Lawyer's reasonable efforts to gain evidence that may assist in defending your Arizona DUI charges. Under the Fourteenth Amendment to the U.S. Constitution, the defendant has a due process right to collect independent scientific evidence of his or her blood alcohol concentration (BAC). Independent chemical tests are exculpatory evidence, (new evidence presented to help clear guilt, dismiss evidence or challenge an AZ DUI in this case).

Under AZ DUI laws, you do not have a choice of which test to take. The selection of blood, breath, or urine is up to the police at the time of the arrest. If you do not take the test requested by the police you will be deemed to have refused the test. If you do take a test, it is important that you request to have a second sample be preserved and given to you for purposes of having your Arizona DUI Attorney's own independent testing of the sample be completed. You have the right to obtain this second test sample. It is in the interest of your best AZ DUI defense to insist that your request for a sample be granted. Note, today under the current testing methods an independent breath is nearly impossible. However, a second blood test or sufficient urine sample should always be requested and preserved for defense testing and verification.

An additional review of police equipment may prove the breath test machine to be broken, or a blood test result inaccurate. Some top criminal defense attorneys, may direct you as soon as possible after you are released to proceed immediately to a hospital emergency room or your doctor and request that your blood be drawn and tested for alcohol levels. Further, if you wait too long, this test may not help you. Your independent test must be conducted promptly if it is to be of any use in your defense.

Keep in mind, you will be responsible for the cost of this test; the doctor or ER Services could be costly: And the costs may not be covered under your medical insurance policy. Next, the Arizona DUI testing methods, chain of custody or timetable may prove more of a hindrance than a defense. Lastly, hospital emergency rooms are busy with other medical emergencies, and may not consider providing a test to help your AZ DUI defense a priority. It is up to you to make the decision for the independent test or not. Do not rely on after the fact opinions. Most likely, you are reading this after getting charged with an Arizona DUI offense and make this issue moot.

Continue reading "DUI in Arizona: Legal Representation, AZ DUI Defense - Denial of Independent Test " »

Arizona DUI laws now limit how an AZ DUI Retrograde extrapolation defense can be used. This drunk driving defense provides a mathematical process by which someone's blood alcohol concentration at the time of driving. A blood alcohol content (BAC) is projecting backwards from a later chemical test. This is a fancy way of presenting that you were not driving illegally at the time of driving.

This process involves estimating the absorption and elimination of alcohol between driving and testing. The rate of elimination in the average person is commonly estimated at .015 to .020 percent per hour. This number may be different for each person's individual characteristics.

Metabolism can be affected by numerous factors, including such things as body temperature, the type of alcoholic beverage consumed, and the amount and type of food consumed. As always, if your have an experienced Phoenix DUI Lawyer, these factors should be discussed and factored into your specific Arizona DUI or DWI case.

Although this defense of drunk driving may be limited, a top Arizona DUI Attorney may still present it to the prosecution. The Arizona DUI Lawyer may present it as estimation of your BAC when driving; or by contradicting the results of the state's toxicology report; or by challenging the results of your Field Sobriety Tests (FTS).

If you have been charged with an Arizona DUI or other Criminal offense, contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak provides legal representation to persons facing DUI & criminal charges valley-wide including Phoenix AZ Tempe AZ, Scottsdale AZ, Chandler AZ, Gilbert, AZ, and Mesa Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance

A common Arizona DUI arrest question is whether your DUI in Arizona can be dismissed because the Arizona DUI police did not read your Miranda rights or delayed in the reading. When stopped for an AZ DUI the police officer is not required to read you your Miranda rights immediately after the stop or after you're arrested for Arizona drunk driving.

The beginning phrase of the Miranda warning is "You have the right to remain silent. Anything you say can and will be used against you...." Most people assume that officers are required to read Miranda whenever they make any criminal arrest including a DUI arrest. That's not actually true.

There are two conditions that must be met before the police are required to read you your Miranda rights. First, you are placed under arrest. Second, in the event the officer continues to interrogate you. Your Miranda rights are to inform you that you don't have to answer any questions the policed asks you that would solicit incrimination statements. The Miranda rights are required when:

1. You're placed under arrest for DUI and the police continue to interrogate you.
2. "Under arrest" means that the Arizona DUI officer places you in handcuffs and into custody.
3. "Interrogation" means the Arizona police continue to ask questions designed to seek incriminating responses. This includes: "How many drinks did you have? What were you drinking? Do you feel intoxicated?"

Thus, if you are arrested for an Arizona DUI and are not asked and any questions about what occurred that could be used against you then there's no need for you to be read your Miranda rights, by the police officer. Normally, if you are not yet "in custody", as Arizona DUI law defines "custody", the Miranda rights need not be read. Word of caution: Police officers get around the Miranda requirement with DUI cases by asking questions before they arrest you, then whatever you say can go in the police report and be presented at trial, your DMV hearing, and used against you.

However, if the police didn't read you your rights and you gave incriminating statements harmful to your Arizona DUI defense, be sure to have an experienced Arizona DUI attorney review the facts to determine if anything you said may be suppressed or excluded from evidence as allowed by AZ DUI Law.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

If you have been charged with a DUI in Arizona, you should consult an Arizona DUI lawyer. When hired, an experienced Arizona DUI Attorney will gather and evaluate all the evidence. Based on the facts, he or she will determine what defense can be used in your case. A common defense utilized is Improper Administration of a Field Sobriety Test (FST). It is not unusual for the police officer to administer it incorrectly. A variety of reasons may also exist causing a person to perform poorly in absence of being under the influence of alcohol or drugs.

The National Highway Traffic Safety Administration (NHTSA) has established standardization guidelines regarding the administration of an FST in order for the results to be valid. Any non-standardized field tests performed by the officer, are invalid Arizona, unreliable, and can be challenged as evidence. (Neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, saying the alphabet, or counting backwards, as valid field sobriety tests.

Standardize testing may include the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and the One Leg Stand. NHTSA has set forth guidelines regarding Field Sobriety Tests (FST). The tests should not be given if the suspect:

1) is 50 pounds or more overweight;
2) is 65 years of age or older;
3) has any back, hip, leg, knee, or ankle injuries o has any disability effecting balance (past head injuries); and/or;
4) is wearing shoes with heels two (2) inches or higher.

Your attempting to do the FST is voluntary and you can refuse to do any of the field sobriety exercises mentioned above. Police attribute poor performance to possible intoxication and few people can perform the tests perfectly. Police tend to score and report your performance on the FST toward you being DUI, without taking into account the interest of Officer, nervousness, unnatural tasks, poor instruction for field sobriety test, and unfavorable conditions of environment.

So if you should fail an FST, do not fear the worse, that you will be charged with an Arizona DUI. Instead, try to remain as calm and polite as possible (easier said than done). Remember, that is just the beginning. Only an experienced Arizona DUI Lawyer can tell you what defenses you may have, to get your case dismissed, and avoid an Arizona DUI conviction, penalties, fines, and incarceration.

Continue reading "Arizona DUI Defense: Improper Administration of Field Sobriety Tests (FTS)" »

Your Arizona DUI Attorney can have your DUI in Arizona dismissed if there is "No Probable Cause to Arrest". The police officer must have reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest. Otherwise, the arrest is unconstitutional and invalid. Therefore, in this event, your Arizona DUI attorney can have your Arizona DUI case dismissed. This right comes from the Fourth Amendment of the United States Constitution. The amendment specifically requires among other things, that arrests and arrest warrants be supported by "Probable Cause".

"Probable cause to arrest" holds a higher standard than "reasonable suspicion to stop" or detain a driver for questioning. For example if you were stopped because the officer, with no other witnesses, saw you drinking out of what appeared to him or her to be an opened alcohol container, that would prompt justification for a "reasonable suspicion' to stop you, and merely to begin an AZ DUI investigation. It does not justify the "probable cause" standard needed to make an Arizona DUI Arrest. The police officer must still have "probable cause" to prove that the person is under the influence of drugs or alcohol, and as a result is impaired prior to making an arrest. The police officer needs more in the way of specific evidence and facts including but not limited to, field sobriety tests, breath tests, and/or chemical tests, "enough to cause a reasonable person to believe that a crime has been committed." The judge needs to hear this actual evidence and specifics, not just assumptions, conclusions made by a police offer or the prosecution.

It is your Arizona DUI attorney's job to make sure your rights are protected and have not been violated if you have been arrested for an Arizona DUI. You have the right to a defense. You should make sure that Arizona DUI Lawyer you choose to defend your Arizona DUI is experienced and knowledgeable about Arizona DUI laws, and drunk driving defenses, and your constitutional rights. That choice can make all the difference in the outcome of your AZ DUI case and your future.

Phoenix, DUI Lawyer - Arizona DUI Attorney

Continue reading "Beat Your DUI in Arizona: No Probable Cause to Arrest Defense" »

When charged with a DUI in Arizona, you have the right to request to speak with an Arizona Criminal Defense or Arizona DUI Attorney. The police must allow you the opportunity to speak with one, at least telephonically as soon as is reasonably possible. Such a denial of your access to speak with an Arizona Criminal attorney or AZ DUI Lawyer is a violation of your constitutional rights.

Your constitutional right to counsel is derived from multiple sources including both the United States Constitution, and the Arizona Constitution. Although your right to speak with or be represented by an attorney exists, the point at which you are allowed access to that attorney may be in question. Each case presents its' own set facts and circumstances, under which the person is able to have access to speak with an Attorney. That is why it is important that you retain legal representation immediately if you have been charged with an Arizona DUI.

It will take an experienced Arizona criminal defense attorney well versed in Arizona criminal defense laws and AZ DUI laws to gather the evidence and determine if your constitutional rights were violated. So if the police unreasonably or unjustifiably deny or delay your request to speak with an attorney, regarding your Arizona DUI arrest or AZ DUI charges, be sure to relay this information to your lawyer accurately and completely. Consequently, your Arizona DUI Attorney, may later be able to request either dismissal or suppression of all the evidence in your AZ DUI case.

Continue reading "Arizona Criminal and DUI Defense: Denial of Right to Counsel " »

If you have been charged with a DUI in Arizona, another strategy used by Arizona DUI lawyers to pursue dismissal of a case is "No Reasonable Suspicion to Stop" or "No Reasonable Suspicion to Detain" a driver charged with an Arizona DUI. If you have been stopped with no reasonable suspicion to stop or be detained, all evidence may be suppressed and the case dismissed on those merits.

An investigatory stop is unconstitutional if the stop is not supported by reasonable suspicion that criminal activity is afoot. Thus, if the officer lacked a constitutionally valid reason for making the traffic stop, all evidence of drunk driving obtained as a result of the unlawful stop must be suppressed.

Examples of no reasonable suspicion to stop could include but is not limited to a police officer stopping or detaining a driver simply due to race, religion, gender, age, or other such unjustifiable reasons.

A successful defense by an Arizona DUI Attorney against an AZ DUI charge depends on first recognizing that many cases can have potential defenses to the Arizona DUI arrest and charges It may be true that you were driving under the influence, or even drunk driving in Arizona at the time you were stopped; but that, in absence of suspicion to stop or be detained, does not give law enforcement officials "free reign" to violate the Arizona DUI Laws, and your constitutional rights under them.

Phoenix, DUI Lawyer - Arizona DUI Attorney

Continue reading "Arizona Drunk Driving Defenses - No Reasonable Suspicion to Stop " »

If you have been charged with a DUI in Arizona, one strategy used by drunk driving defense attorneys in your case in an effort to get it dismissed is called "Lack of Driving or Actual Physical Control" while under the influence. Arizona DUI Law requires that the State establish you were driving or in actual physical control of a vehicle while impaired. In some cases there are no witnesses to testify who was driving a vehicle and then the State may be unable to meet its burden of proving the accused was driving or was in actual physical control.

Recent case law by the Supreme Court of Arizona v. Zaragoza (Arizona, 6/3/2009) shows that the potential to drive while drunk is sufficient for an Arizona DUI conviction. In other words, the tough Arizona DUI laws just got tougher. Blow is the new Arizona Jury Instructions:

"...In determining whether the defendant was in actual physical control of the vehicle, you should consider the totality of the circumstances shown by the evidence and whether the defendant's current or imminent control of the vehicle presented a real danger to [himself] [herself] or others at the time alleged. Factors to be considered might include, but are not limited to:

1. Whether the vehicle was running;
2. Whether the ignition was on;
3. Where the ignition key was located;
4. Where and in what position the driver was found in the vehicle;
5. Whether the person was awake or asleep;
6. Whether the vehicle's headlights were on;
7. Where the vehicle was stopped;
8. Whether the driver had voluntarily pulled off the road;
9. Time of day;
10. Weather conditions;
11. Whether the heater or air conditioner was on;
12. Whether the windows were up or down;
13. Any explanation of the circumstances shown by the evidence.

This list is not meant to be all-inclusive. It is up to you to examine all the available evidence and weigh its credibility in determining whether the defendant actually posed a threat to the public by the exercise of present or imminent control of the vehicle while impaired..."

It has now become even more challenging to use this defense. You need an experienced Arizona DUI Attorney to fight the tough and changing AZ DUI laws you are up against in order to defend your Arizona DUI Charge. You need to feel confident your Arizona DUI Lawyer will use every possible defense to avoid an Arizona DUI Conviction.

Phoenix, AZ DUI Lawyer - Arizona DUI Attorney

Continue reading "Arizona DUI Laws - AZ DUI Defenses - Lack of Driving or Actual Physical Control " »

DUI Defenses exist that Good Arizona DUI Lawyer can use to challenge your Arizona DUI Charges, in an effort to get your case dismissed or brought down to less serious charges. In future blogs we will discuss each of these in greater detail. Here are 10 commonly used Arizona DUI Defenses:

1. Lack of Driving or Actual Physical Control.
The Prosecution must establish you were driving or in actual physical control of a vehicle while impaired. The state may be unable to meet this burden of proof, if there were no witnesses to testify.

2. No Reasonable Suspicion to Stop.
An investigatory stop is unconstitutional if the stop is not supported by reasonable suspicion that criminal activity is afoot. Thus, if the officer lacked a constitutionally valid reason for the traffic stop, all evidence of drunk driving obtained as a result of the unlawful stop must be suppressed.

3. No Probable Cause to Arrest.
The Officer must have reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed at the time of the Arizona arrest, otherwise the arrest is unconstitutional and the case must be dismissed.

4. Improperly Administered Field Sobriety Tests (FST's).
The National Highway Traffic Safety Administration (NHTSA) has established guidelines regarding the administration of the FST. If there was a violation of any of these guidelines the test results can be suppressed.

5. Denial of the Right to Counsel
When a DUI person requests a lawyer, the police must provide you with an opportunity to speak with a lawyer telephonically as soon as is reasonably possible.

6. Violation of Miranda Warnings
The timing of when or if "Miranda Rights" may be an issue, that could lead to suppression of evidence.

7. Inaccuracy of the Breath Testing Device
For the test evidenced to be allowed, proper protocol must be followed, factors to consider are type of device used, proper maintenance of the device, its accuracy, reliability, and even the credentials of the officer administering the test.

8. Retrograde
Subtractive retrograde is a method to compensate for any alcohol consumed shortly before driving that could show a higher reading at the time of the test than "at the time of driving." This is because usually a person requires between 30 minutes and hours to completely absorb alcohol.

9. Deficiencies in Blood Alcohol Testing & Issues in Blood Cases
Results of blood alcohol testing are admissible only if the State can establish the blood was drawn by qualified personnel, proper protocol and scientific analysis used.

10. Denial of Independent Test
A person has a due process right to collect independent scientific evidence of their blood alcohol concentration (BAC). The State may not unreasonably interfere with this right.

Phoenix, DUI Defense Lawyer - Find Best Arizona DUI Attorneys

Continue reading "Arizona DUI Laws - 10 Arizona DUI Defenses...Case Dismissed! " »

A tough new Arizona DUI Law require that all drivers convicted of any Arizona DUI be are required to use an Ignition Interlock Device. You can talk to any Arizona DUI Attorney and you will get the same answer. Arizona DUI laws were passed on the principle that you cannot be trusted to operate a motor vehicle without some sort of assurance that you are not driving drunk.

The way it works is that the Ignition Interlock Device is attached to your automobile that tests you for alcohol before you can start your car. The car will not start if the device detects alcohol. Once your vehicle is running, you will be periodically prompted to give another sample. The certified ignition interlock device must be installed on any motor vehicle you operate for a minimum of 12 months. The time requirement is based on the circumstances surrounding your Arizona DUI conviction and your history of any prior DUI convictions. An authorized installer must install the interlock. To add insult to injury, you are required to pay the costs for the installation and maintenance of the ignition interlock device. You are also required to provide the Arizona of Department of Transportation proof from the installer of compliance and inspection of the device during the period that the device is required to be used.

An experienced and knowledgeable DUI lawyer in Phoenix, Arizona is your best defense against the suspension or revocation of your driving privileges. While Arizona DUI Lawmakers see the Ignition Interlock Device as a necessity, Drunk Driving defense Attorneys see it as a means of causing further Arizona DUI penalties to already harsh Arizona DUI Laws. The device can interfere with your business, your job, your family, and your education. A top AZ Drunk Driving Defense and Criminal Defense Lawyer may be able to get your charges dismissed or reduced without the need of the Ignition Interlock Device. For more detailed information refer to Arizona's Ignition Interlock Device Laws: 28-3319.

Phoenix, DUI Lawyers - AZ DUI Laws

Continue reading "Arizona DUI Lawyers - AZ DUI Laws - The Ignition Interlock Device Requirement " »

If you have been charged with an Arizona DUI, you may hear some of these common
terms. Arizona criminal defense attorneys, Arizona DUI lawyers, law enforcement officials and the prosecution use these words often. So you may want to become familiar with just of few of these legal definitions:

Administrative License Suspension:
Suspension of the license of drivers charged DUI when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test.

BAC:
Short for "blood alcohol concentration." BAC refers to the amount of alcohol in your bloodstream and is measured in percentages.

Blood Test:
A laboratory test that directly measures the percentage of alcohol content of the blood drawn from a DWI suspect.

Breath Test:
A test of blood alcohol level that is derived from measuring the alcohol level of the suspect's breath.

PBT (Preliminary Breath Test):
A portable, hand-held device used by law enforcement to measure the BAC of suspected drunk drivers.

Burn off Rate:
The rate at which alcohol in the body is metabolized, and the blood alcohol begins to
fall, decrease, or "burn off".

Chemical Test:
As it relates to DUI, a test of the alcohol or drug concentration in a person's body (Breath, Blood, Urine).

DUI:
Driving While Under the Influence.

DWI:
Driving While Intoxicated.

Felony:
A serious crime, in Arizona DUI/DWI can become a felony even without an injury or death, if the suspect has a given number of prior DWI convictions. A felony can result in a sentence to jail or state prison.

FST (Field Sobriety Test):
A series of physical and mental coordination tests designed to help an officer decide if a driver is DWI.

Intoxilyzer:
A brand name for a blood alcohol breath testing machine.

Miranda Rights:
The formal advisement that you have the right to remain silent and to have a lawyer present before answering questions, which police must recite prior to questioning someone who is in custody.

Misdemeanor:
A crime less serious than a felony. Misdemeanors are sometimes categorized by classes or degrees.

Probation:
When all or part of the required jail time is suspended in exchange for good behavior, as determined by checking in with a probation officer.

Zero Tolerance BAC:
Allowable blood alcohol content for under age persons (under 21). In Arizona this percentage is 0% (meaning absolutely no alcohol content must be detected)

Phoenix DUI Attorney - Arizona DUI Lawyer

Continue reading "Arizona DUI Lawyer- AZ Drunk Driving Defense Laws Definitions" »

During an Arizona DUI stop, most police officers will use a set of five-to-six common tests called Field Sobriety Tests (FST). Even the Best Arizona DUI lawyers differ on opinions as to whether you should agree to take these tests when stopped by an Arizona DUI police officer for suspicion of drunk driving.

One thing that top Arizona Criminal Defense and DUI attorneys do agree on, is that you should in the least become familiar with FST and know the consequences of both submitting or refusal of the FST.

The Arizona FST is a battery of tests that include heel-to-toe, finger-to-nose, one-leg stand, eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others.

Many Arizona DUI Attorneys will tell you that you should not agree do the Arizona DUI Field Sobriety Tests. Those attorneys recommend that you politely refuse to take them. It is true that Arizona DUI laws do not require you to take any of the Field Sobriety Tests (FST).

However, you should know that if you refuse, you may be arrested on the spot for DUI in Arizona. Your refusal to take the FST may be used against you as evidence by the Arizona DUI prosecution if you decide to challenge your Arizona DUI and go to trial. The tests and refusal are both used as additional evidence by the police to build its case against you. The prosecution will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them. That fact is that the FST usually only hurt your Arizona DUI defense. It is expected that you perform them perfectly. However, that is a feat many completely sober people can't even accomplish. It is difficult to provide contradictory evidence because many Arizona police do not videotape your performance of the Arizona DUI FST.

If you have consumed alcohol, the FST will serve only to build a case of Arizona drunk driving against you. But you decline to take the FST, then you most likely get an Arizona DUI arrest, get handcuffed, have your car impounded, be taken to the police station, have your blood drawn (required) and face a court date for your Arizona DUI. Bottom line, only you can make the decision based on your own set of circumstances.

Continue reading "Arizona DUI Laws Field Sobriety Tests - Not Mandatory -Truth and Consequences of Refusal" »

Phoenix DUI Lawyers - Arizona DUI Laws

In retrograde Arizona DUI defense that AZ DUI lawyers and defendants called the "chug-a-lug" defense has been outlawed. This Arizona DUI Defense Attorney would argue that their client with the Arizona DUI charge was not actually over the limit when stopped, but became over the limit by the time a chemical test was performed and evidence obtained. Thus, the argument previously made was that they were not illegally drunk driving in Arizona at the time of the stop, therefore, the case should be dismissed.

Evidence can no longer be introduced that Defendants BAC was below .08 at the time they were driving, even if it was. Heavy lobbying activity persuaded the Arizona legislature to remove this retrograde DUI defense. This change in Arizona DUI laws makes it easier to convict those charged with driving under the influence by reducing the ability to use what was known as a retrograde defense.

Under that DUI defense, defendants claim they drank some amount of alcohol just before being arrested, perhaps just before leaving the bar and driving, and that tests took some time after the stop to conduct and the post arrest BAC results do not accurately reflect the driver's state of intoxication at the instant of an alleged infraction.

The "chug-a-lug" defense relies on arguments that alcohol takes some time to be absorbed into the blood stream. However, just because this Arizona drunk driving defense was eliminated is no cause to give up hope, if you have been arrested and charged with an Arizona DUI. Many defenses still exist which can be investigated, examined, and explored by a good Arizona DUI Attorney. However, I would not recommend fighting your DUI alone without retaining the services of the best Criminal Defense Attorney you can find.

A strong Arizona DUI defense attorney can still use the Arizona DUI Laws and evidence in your favor to assist in either reducing or even getting your case dismissed. Remember when you get charged with an Arizona DUI, the most important decision you will need to make is not if you should hire an attorney---but which Arizona DUI lawyer should you hire?

Phoenix DUI Attorney - Arizona DUI Lawyer

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Arizona DUI Laws - Phoenix DUI Lawyers

During an Arizona DUI stop, most police officers will use a set of five-to-six common tests called Field Sobriety Tests (FST). Even the Best Arizona DUI lawyers differ on opinions as to whether you should agree to take these tests when stopped by an Arizona DUI police officer for suspicion of drunk driving.

One thing that top Arizona Criminal Defense and DUI attorneys do agree on, is that you should in the least become familiar with FST and know the consequences of both submitting or refusal of the FST.

The Arizona FST is a battery of tests that include heel-to-toe, finger-to-nose, one-leg stand, eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others.

Many Arizona DUI Attorneys will tell you that you should not agree do the Arizona DUI Field Sobriety Tests. Those attorneys recommend that you politely refuse to take them. It is true that Arizona DUI laws do not require you to take any of the Field Sobriety Tests (FST). However, you should know that if you refuse, you may be arrested on the spot for DUI in Arizona. Your refusal to take the FST may be used against you as evidence by the Arizona DUI prosecution if you decide to challenge your Arizona DUI and go to trial. The tests and refusal are both used as additional evidence by the police to build its case against you. The prosecution will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them.

That fact is that the FST usually only hurt your Arizona DUI defense. It is expected that you perform them perfectly. However, that is a feat many completely sober people can't even accomplish. It is difficult to provide contradictory evidence because many Arizona police do not videotape your performance of the Arizona DUI FST.

If you have consumed alcohol, the FST will serve only to build a case of Arizona drunk driving against you. But you decline to take the FST, then you most likely get an Arizona DUI arrest, get handcuffed, have your car impounded, be taken to the police station, have your blood drawn (required) and face a court date for your Arizona DUI. Bottom line, only you can make the decision based on your own set of circumstances.

If you or someone you know has been charged with a DUI in Arizona or other Arizona
Criminal offense contact Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney James Novak.

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Arizona DUI Laws - Phoenix Criminal Attorneys

Arizona DUI Implied Consent Law
Arizona DUI Implied consent law is designed to discourage suspected DUI drivers from refusing to submit to Arizona DUI testing. Tests includes BAC (blood alcohol content) chemical test (breath, blood, or urine testing). Top Criminal Defense Attorneys will advise you to submit to the BAC and/or Chemical Test if requested by the Officer. This is because your refusal to submit to testing will result in harsh consequences including loss of your driver's license for one year. You see, police can get BAC and chemical tests they need whether you refuse or not. Upon refusal, the officer will contact the judge immediately, who will then issue a warrant to obtain your blood...the will still get your (BAC) anyway. The only thing you get for refusing is a penalty of one year loss of driver's license. Also, your refusal will be held against you at trial.

Arizona DUI (Driving Under the Influence) Defense Attorney
Even if your Arizona DUI is dismissed, you will still lose your right to drive for one year. You should immediately contact an experienced Arizona DUI lawyer. If you refused breath or chemical tests, your Arizona DUI attorney can request a hearing and possibly vacate the year long Arizona drivers' license suspension.

Additionally, a good Phoenix Arizona DUI defense lawyer may get the DUI charges against you reduced or even dropped. You'll want someone on your side because a DUI conviction and a violation of the Implied Consent Laws can result in heavy fines, insurance coverage problems and losing your driver's license and even jail for a criminal conviction.

Visit www.azleg.state.az.us/ars for more information regarding the Implied Consent Law: "28-1321. Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension; special ignition interlock restricted driver license."

Phoenix DUI Lawyer - Phoenix DUI Defense Attorney

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix Criminal Attorneys

Arizona DUI testing is the fourth of four major evidence categories that the state of Arizona can use against you for an Arizona DUI arrest under current Arizona DUI laws. DUI Testing includes a number of methods which will be expanded upon in greater detail in future articles:

Arizona DUI Field Sobriety Tests (FSTs)
A battery of field sobriety tests (FSTs) are given including heel-to-toe, finger-to-nose, one-leg stand, eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others. In Arizona, most officers will use a set of six common tests. Arizona DUI law does not require you to take any of the Field Sobriety Tests (FSTs).

Arizona DUI Breath Test
Breath tests are used to determine the blood alcohol content (BAC) level of drivers suspected of driving drunk. Since alcohol is absorbed into the blood and blood flows through the lungs, alcohol is present in the lung's air sacs. A breathalyzer machine is used. Rather than ask drivers to submit to invasive, impractical blood or urine tests in the field, many law enforcement agency's use breath tests as a means for determining the blood alcohol level of drivers suspected of DUI in Arizona.

Arizona DUI Blood Test
Arizona DUI Blood tests are sometimes performed in order to determine the blood alcohol content (BAC) level in your system, if you are suspected of DUI. A blood test is more reliable than a breath test but may still be inaccurate due to a variety of issues. An experienced and knowledgeable Phoenix Arizona Defense Attorney will be able to investigate to determine if the blood is drawn incorrectly, if chemicals are present in the proper amount, and if the proper protocol was followed, and if not, can be challenged.

Arizona DUI Urine Test
Urine tests are typically given in DUI / DWI cases where Arizona police officers believe a driver may also be under the influence of drugs. Although urine tests are the least accurate means for measuring blood alcohol level, they are routinely used to detect the presence of illegal drugs in the body.

Again, questions arise pertaining to the accuracy of the tests, dependability of the results, and protocol that was followed. The results can then be challenged by an experienced Arizona DUI defense attorney.

Phoenix DUI Lawyer - Phoenix DUI Defense Attorney

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI Attorney, Tempe DUI Attorney, Scottsdale DUI Attorney, Chandler DUI Attorney, Gilbert DUI Attorney, Mesa DUI Attorney and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix Criminal Attorneys - Arizona DUI Laws

Any Good Phoenix DUI Defense Attorney will tell you not to help the police and prosecution build their AZ DUI case against you. For example, do not to make any "verbal admissions" if you have been stopped for a DUI. This, "admissions" is the third of four major evidence categories that by Arizona can use as evidence against you for an Arizona DUI arrest.

Admissions are statements you make at that time of the Arizona DUI stop to the police officer, which raise suspicion that you have been drunk driving or are chemically impairment. Anything you say in the presence of the officer during the stop, can and will be used against you in court. If stopped, be polite, and respectful. Simply inform the officer that you will be happy to answer her or his questions, but in the presence of your attorney, about where you have been or what you have been doing. You are not required to tell the officer anything in that regard. However, keep in mind that if you are not cooperative at all, this may raise the officer's suspicion and you could risk being arrested on the spot.

Below are examples of types of "admissions" don't want to make:

• I just had one drink on an empty stomach
  
• I stopped drinking a few hours ago, I thought I would be OK go drive
  
• I take anti-anxiety medications, but I don't drink
  
• I just had one drink and my regular prescription medications
  
• I just got off of work and stopped for one or two drinks.
  
• The last time I smoked marijuana was last night.
  
• Yes, I know why you stopped me.
  
• I know better than to drink or drive
  
• I took an over the counter pain reliever, but it was not a prescription drug.
  
• I took some medicine last night, before bed to help me sleep
  
• Yes, that is my opened beer container in the car
  
• The soiled stain on my jacket is red wine.
  
• Someone must have put something in my drink
  
• I guess I had more to drink than I thought
  

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix Criminal Attorney

Any Phoenix, Arizona DUI Attorney will tell you that DUI physical signs of impairment also referred to as signs after a stop are another of four major evidence categories that Arizona can use as evidence for an Arizona DUI arrest. The first category covered previously was DUI driving impairments Signs after a stop are those red flags, if observed by an Arizona police officer, will result in them being suspicious of drunk driving or chemical impairment.

Below is a list of "signs after a stop" that have proven to be highly consistent with those who have been found to be drunk driving, or are impaired due to chemicals or alcohol:

*Not in any particular order of priority, or chronology of events.

• Difficulty exiting the vehicle
  
• Bloodshot, red, watery, and/or drowsy eyes
  
• Red or flushed face
  
• Clothing soiled or disheveled
  
• Fumbling or inability to find driver's license or registration
  
• Repeating questions or comments
  
• Swaying, instability, or balance problems
  
• Leaning on the vehicle, other object, or person, difficulty standing
  
• Slurred or unusually slow speech
  
• Inappropriate Laughter or behavior
  
• Providing incomplete or irrational phrases and sentences
  
• Slow or inability to answer officers questions
  
• Provides incorrect information and or changing of answers
  
• Officer required to repeat questions due to unresponsiveness
  
• Unusually Nervous
  
• Disoriented or Confused
  
• Disrespectful, argumentative or combative
  
• Odor of alcoholic beverage from the driver, or in vehicle
  
• Staggering
  
• Difficulty or poor navigation in operating the vehicle controls
  

Phoenix DUI Lawyer

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney
James Novak. Valley-Wide Service.

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix DUI Attorneys

A Phoenix, Arizona DUI Defense Attorney will tell you that "driving signs of impairment" is just one of four major categories of evidence that the state can use against you as evidence for an Arizona DUI arrest. The first category discussed below is DUI driving impairments. Here are 25 are red flags that if seen, will prompt an Arizona DUI law enforcement official, to suspect and stop you for Arizona drunk driving or being chemically "impaired to the slightest degree".

• Drifting
• Remaining stopped after the red light green
• Hugging or crossing over the center lane marker
• Braking off and on at inappropriate times
• Turning with wide radius
• Following the car in front two closely "tail gaiting"
• Driving with the turn signal on continuously when there is intent to turn or turn ahead
• Driving much slower than the speed limit, 10 mph or more
• Weaving or swerving in and out of traffic
• Signs of "road rage" or other aggressive driving such as screeching the tires
• Appearing uncertain as to your driving such as unsafe, irrational lane changing
• Driving with the headlights off at night
• Bright or high beams on when not necessary
• Driving in excess of speed limit
• Failure to obey traffic signals and signs such as stop, yield, school or construction zones
• Illegal U-Turns or other illegal turns
• Stopping for no reason on a straight way
• Driving down a one way street the wrong way
• Nearly hitting an object such as a wall, another vehicle, or pedestrian
• Leaving a bar parking lot, appearing to be drunk behind the wheel
• Making an unsafe move in traffic
• Making a lane change abruptly without proper signal time to other drivers
• Appearance of not paying attention to the road or driving
• Visible Drinking of an alcohol beverage or use of drug paraphernalia while driving
• Random stops of vehicles at designated "DUI Checkpoints" by law enforcement officials

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor). Valley-wide Service.

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix DUI Attorneys - Arizona DUI Laws

According to Arizona DUI Laws it is not illegal to drink and drive if you are 21 years of age or older. However, it is illegal to drink and drive and/or be chemically impaired to the slightest degree while driving. You don't need Top Criminal Defense Attorneys to tell you that the absolute best way to avoid an Arizona DUI is not to drink and drive at all. The second best way to avoid getting an Arizona DUI Charge is to be aware of how much alcohol you can drink before you may become impaired. So if you're concerned, that sometime you may be charged with an Arizona DUI, you will want to read on:

The drink chart displayed to the right can be found on many web sites on the internet. It provides a rough estimate of a person's blood alcohol level (BAC).The Arizona drunk driving chart is based on the number of drinks consumed and the person's weight. The problem with this information is people rely a bit to much on such charts in order to determine whether they may have been impaired after drinking a number of alcoholic drinks. A "one size fits all" chart does not work. You must take into account many other factors
and each and every person has a different set of circumstances.

Please do not consider this information as a license to drink irresponsibly. Keep in mind that everyone is different, and alcohol affects each person in many different ways. Only you know your limits. And while some people are sure they know their limits, they may still be driving under the influence according to Arizona Law which carry some of the toughest impairment thresholds, laws, rules, penalties, jail time and fees in the Country. So please drink responsibly.

The scientific and Arizona DUI legal issues associated with breath testing in Phoenix, Tempe, Gilbert, Mesa, Scottsdale, Chandler, Maricopa County DUI cases are complex. An experienced Phoenix, Arizona DUI lawyer has the knowledge and skill to evaluate the importance of your Arizona DUI defense including the legality of the breath test DUI evidence.

Phoenix DUI Lawyer - Arizona DUI Defense Attorney

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix Arizona DUI Defense Attorney - AZ DUI Laws

Charged with an Arizona DUI? You will to need the Best DUI attorney you can find. This is because Arizona DUI Law requires mandatory jail time for a conviction of any Arizona DUI Charge. Arizona has some of the toughest laws DUI in the country. Just one such DUI penalty is the AZ DUI jail sentence. It is mandatory for any person in Arizona convicted of a DUI. This includes a conviction resulting from a trial, plea agreement, or plead guilty straight to the court. Fair, or not, Arizona law makers have written it into law and neither the judge, or prosecution has discretion with the mandate.

Arizona DUI laws specify that a person must serve at least 24 hours in jail if convicted of even the most basic or misdemeanor Arizona DUI charge. This will increase quickly to 30 days for an Arizona extreme DUI, then 45 days for an Arizona Super Extreme DUI. The maximum jail sentence for any single misdemeanor DUI charge in Arizona is 180 days.

You have probably heard about Arizona's "Sherriff Joe" and "Tent City". If you are in Maricopa County, Arizona and you have to serve jail time for a DUI conviction you will most likely go to Maricopa County Sheriff Office Joe Apraio's "Tent City". Your jail time s served outdoors. Yes, in the cold of winter, or the excessive Arizona heat of summer, known to have reached a sweltering 121 degrees or higher in some desert areas.

A common myth is that if you get stopped by the police and charged for an Arizona DUI will you automatically go to jail. However, that is not necessarily true. The key here is you must be convicted of an Arizona DUI, not just charged. That is why you need a good Arizona DUI lawyer who will fight for your rights and attempt to either get the DUI dismissed or get the charges reduced to a non-DUI conviction with no jail requirement and/or substantially reduced other penalties. There are some criminal charges that a top rated Phoenix DUI lawyer might recommend you fight on your own...But an Arizona DUI charge is not one of them.

Phoenix, DUI Attorney - AZ DUI Laws

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix Criminal Attorneys

Arizona DUI Law gives Police authority to impound your vehicle if you are charged with an Arizona DUI in certain cases. The vehicle you were driving can be impounded as a result of your Arizona DUI charge even if you are not the owner.

Vehicle Impound Laws (Arizona Revised Statute 28-3511)

Your vehicle was impounded for one or more of the following reasons:
a. The person driving the vehicle has a revoked license for any reason, a suspended driver's license for a DUI conviction, a suspended driver's license for violation of §28-3306 (points), a suspended driver's license on a previous conviction, OR has never been issued a license in Arizona or any other jurisdiction.

b. The person driving the vehicle has a revoked, suspended or canceled driver's license or has never been issued a license in Arizona or any other jurisdiction AND there is no evidence of mandatory vehicle insurance and vehicle registration AND the driver of the vehicle was in an accident with property damage, injury or death of another person.

c. The person driving the vehicle was arrested for Underage DUI (§4-244), Extreme DUI (§28-1382) or Aggravated DUI (§28-1383).

In simple terms: Your vehicle may be impounded for 30 days if the driver at the time of the traffic stop or collision you did not possess a valid driver license or record of a driver license, had a revoked, suspended or canceled driver license, was under the age of twenty one years with alcohol in his/her body, arrested for Extreme or Aggravated driving under the influence.

This mandatory Arizona impound law applies to the vehicle the offender was driving, even if you are not the owner of the vehicle. This Arizona impound Law is separate from any Arizona DUI or other criminal charges.

You have 10 days to request a hearing to determine if the vehicle will be eligible for early release. However, check with the local authorities for specific procedures regarding the timetable, hearing and procedures.

28-3514. Hearings; notice of immobilization or storage

The owner, the owner's spouse, the lien holder or other interested party has the right to:
a. Request a Post Storage Hearing (§28-3514) within ten (10) days from the date of the enclosed Vehicle Impoundment Notice for the sole purpose of determining the validity of the impoundment or to determine whether the vehicle may be released before the end of the 30-day period.

Important Note: The city where your vehicle was impounded may have additional or different procedures that must be followed. Be certain to check your city procedures as well.

Phoenix DUI Lawyer

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney
James Novak. Valley-wide Service.

Phoenix DUI Defense Attorneys

• Arizona DUI Defense Lawyers are Competitive - Shop Around! Some attorneys charge significantly higher or lower than others. Some have charged the same fees for years. Not because they are less competent or effective Arizona DUI lawyers, but because they wish to remain or become more competitive. Some of best Arizona Criminal Defense Attorneys lower their fees consistent with a struggling economy.
  
• Negotiate! Most Arizona Criminal & DUI Defense Attorney's Fees are negotiable. But if you wish to be taken seriously, you must be fair and reasonable. The experienced Arizona Criminal & DUI attorneys know how much work and the estimated amount of hours it will take to defend your case. If the price is unaffordable, offer to pay a majority of the fee up front. A fair amount would be 85% to 90% of their quote. In return request they forgive the remaining amount. Many attorneys will consider this in good faith.
  
• Ask Questions! Make sure you understand and agree to the terms of the fee agreement, including the cost of pre-trial and trial services if needed.
  
• Keep your original Documents! Make sure you leave with the originals, and the attorney gets copies of the documents you brought to the consultation, unless there is good reason they need an original documents.
  
• Get a Copy of the Fee Agreement! Make sure you take a copy of the Fee Agreement with you when you leave the Attorney's Office.
  
• Understand the Payment Plan Terms! Most Arizona Criminal & DUI Attorneys charge a flat and allow you to make payment arrangements, and paid in full, prior to completion of your case. Make sure you understand and agree, and that it is included in the Fee Agreement.
  
• Press for a Stop-Loss! If you choose an attorney who charges by the hour, ask the attorney if He or She can commit to a maximum ceiling amount. If agreed, make sure this is included in the written and signed fee agreement.
  
• Price isn't everything! Remember, price is just one of many facts you should consider before making your choice of which Arizona DUI Attorney to hire. Other important factors include education, training, experience, and effectiveness in defense and experience in litigation, competence, communication, respect, referral by someone you trust. Most important is your comfort level. Decide who you feel will provide the best defense; work the hardest to get you the best outcome in your case.
  

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor). Valley-wide Service.